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OFFICE OF INDIAN AFFAIRS 



REGULATIONS AND INSTRUCTIONS 

FOR OPflCERS IN CHARGE OF 

FORESTS ON INDIAN RESERVATIONS 



APPROVED JUNE 29, 1911 




WASHINGTON 

GOVERNMENT PRINTING OJFIC.E 

1911 



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REGULATIONS AND INSTRUCTIONS FOR 
OFFICERS IN CHARGE OF FORESTS ON 
INDIAN RESERVATIONS. 



Section 1. — The superintendent of each reservation 
will be expected and required to do all in his power to 
secure a wise and advantageous use of forest resources. 
As the direct representative of the Commissioner of 
Indian Affairs upon the reservation, he must be held 
responsible for all forestry work thereon. 

Section 2. — On reservations where a special officer is 
stationed the superintendent will delegate to him the 
direct supervision of the guards, forest and mill em- 
ployees, and others engaged in forestry work. These 
officers will consult with the superintendents upon all 
important matters, and the superintendents will sup- 
port them, under ordinary circumstances, in all acts 
of administration. They shall submit reports to the 
superintendent, as required by him, and to the Com- 
missioner of Indian Affairs, through the superin- 
tendent, when requested. They shall thoroughly 
familiarize themselves with all phases of forestry work 
on the reservations to which they are assigned, includ- 
ing a knowledge of boundaries, of the number of acres 
of timber land, of the total stand of timber, of the 

8 



4 REGULATIONS AND INSTRUCTIONS. 

relative quantity, rapidity of growth, seeding qualities, 
character of reproduction, adaptability to location, etc., 
of the different species found. The}^ must also ac- 
quaint themselves with the cost of logging and manu- 
facture under different systems, local markets and the 
possibilities of develoj^ing the same, and all other prac- 
tical and technical work which will aid the office in so 
managing the Indian forests as to obtain the greatest 
revenue for the Indians consistent with a proper pro- 
tection and improvement of the forests. 

Section 3. Forest guards shall perform their duties 
under the direction of the special forest officer stationed 
upon the reservation, or under the superintendent. 
They shall patrol their districts to prevent and report 
trespass, fires, violation of agreements by those con- 
ducting timber operations, the commission of waste by 
the Indians or others, and perform other duties as 
directed, among which may be work in the building 
of unprovements of various kinds, such as telephone 
lines, roads, trails, and fire lines for the proper protec- 
tion and administration of the forests. Under the di- 
rection of the forest officer in charge, or the superin- 
tendent, they shall perform the duties of line riders 
and stockmen in exercising a proper control of grazing. 
Wherever a forest officer is in charge the guards shall 
be selected by him with the advice and approval of the 
superintendent, and it shall be his duty to recommend 
the discharge of any inefficient guard. 

Section 4. — It shall be the duty of the Indian police to 
prevent and suppress forest and grass fires as far as 
possible, and failure on their part to perform such 



FORESTS ON INDIAN RESERVATIONS. 5 

duties, or to report promptly any fire which they can 
not control, will constitute sufficient cause for dismissal. 
At times of unusual fire danger the superintendent 
should detail the police to special patrol for the pre- 
vention of fire. 

TRESPASS ON INDIAN TIMBERLANDS. 

Section 5.— The act of June 25, 1910 (36 Stat. L., 855- 
857), entitled "An act to provide for determining the 
heirs of deceased Indians, for the disposition and the 
sale of allotments of deceased Indians, for the leasing 
of allotments, and for other purposes," provides: 

Sec. 6. That section 50 of the act entitled "An act to codify, 
revise, and amend the penal laws of the United States," ap- 
proved March 4, 1909 (35 U. S. Stat. L., p. 1098), is hereby 
amended so as to read : 

" Sec. 50. Whoever shall unlawfully cut, or aid in unlaw- 
fully cutting, or shall wantonly injure or destroy, or procure 
to be wantonly injured or destroyed, any tree, growing, stand- 
ing, or being upon any land of the United States, which, in pur- 
suance of law, has been reserved or purchased by the United 
States for any public use, or upon any Indian reservation or 
lands belonging to or occupied by any tribe of Indians under 
the authority of the United States, or any Indian allotment 
while the title to the same shall be held in trust by the Govern- 
ment, or while the same shall remain inalienable by the allottee 
without the consent of the United States, shall be fined not 
more than $500, or imprisoned not more than one year, or both. 

All forest officers shall report promptly in writing to 
the superintendent any violation of this law of which 
they learn. Superintendents shall seize all timber 
unlawfully cut from Indian land, mark the same, for- 
bid its removal, and promptly report to the Commis- 



6 REGULATIONS AND INSTRUCTIONS. 

sioner of Indian Affairs the name and post-office address 
of the trespasser. They should also report the names 
and post-office addresses of all witnesses of such depre- 
dations, so that if necessary the cases may be reported 
to the Department of Justice for the institution of a 
civil action for the recovery of damages, a criminal 
prosecution under the provisions of the act above cited, 
or the commencement of both civil and criminal actions. 
In investigating and reporting all cases of trespass an 
especial effort must be made to secure all evidence pos- 
sible immediately after the discovery of the trespass. 
If the trespass appears to have been unintentionally 
committed the superintendent should ascertain what 
terms of settlement may be made and submit his re- 
port to the office for instructions. 

FIRE LAW AND PENALTY. 

Section 6. Section 6 of the act of June 25, 1910 (36 
Stat. L., 855-857), also provides that section 53 of the 
act of March 4, 1909 (35 Stat. L., 1098), be amended so 
as to read : 

Sec. 53. Whoever shall build a fire in or near any forest, 
timber, or other inflammable material upon the public domain, 
or upon any Indian reservation, or lands belonging to or occu- 
pied by any tribe of Indians under the authority of the United 
States, or upon any Indian allotment while the title to the 
same shall be held in trust by the Government, or while the 
same shall remain inalienable by the allottee without the con- 
sent of the United States, shall, before leaving said fire, totally 
extinguish the same; and whoever shall fail to do so shall be 
fined not more than one thousand dollars, or imprisoned not 
more than one year, or both. 



FORESTS ON INDIAN RESERVATIONS. T 

Forest officers should use all diligence in the detection 
of parties guilty of a violation of this act. Each super- 
intendent or forest officer in charge is responsible for 
the division of his Indian forest into patrol districts 
and the assignment of guards to each district. Guards 
must use every possible effort to extinguish every fire 
of which they have knowledge, and must immediately 
investigate every one of which they are informed. 
During dry and dangerous periods the selection of 
headquarters, camping places, and routes should be 
made with the single object of preventing and discover- 
ing fires. Fires caused by lightning are not rare, espe- 
cially in dry mountain regions. After every electric 
storm a special effort should be made to locate and 
extinguish any such fires before they are well under 
way. 

Section 7. Small fires extinguished without difficulty 
by the officer who discovers them may be reported to 
the superintendent at the end of the month. Large 
fires requiring help from other guards or Indians, or 
attendance for several days, should be reported imme- 
diately to the superintendent or forest officer in charge. 
If help is needed the superintendent should get it at 
once, and telegraph the Commissioner of Indian Affairs 
if any amount in excess of $300 is required. He will 
also notify the Commissioner of Indian Affairs as soon 
as the total cost of any fire requiring extra help and 
expense is ascertained. Every superintendent is au- 
thorized, in person or through a subordinate, to hire 
temporary men, purchase tools and supplies, and pay 
for their transportation from place to place to extin- 



8 REGULATIONS AND INSTRUCTIONS. 

guish a fire. No expense for fighting a fire outside a 
reservation must be incurred unless the fire threatens 
the reservation. Fire fighters should be paid by the 
hour, actual working time, at the current local rates. 
The time consumed in going to and from the fire may 
be included. While the Indian Office is doing its ut- 
most to prevent and fight fires, only a limited amount 
of money is available for this purpose. Consequently 
it must be kept in mind that a fire which can not be 
controlled by from 20 to 40 men will run away from 
100 or even more men, since heat and smoke in such 
cases make a direct fight impossible. Useless expense 
must not be incurred. On or before the fifth day of 
each month every superintendent will fill out and mail 
to the office his monthly fire report (Form No. 5-480). 
On or before January 1 of each year the superintendent 
will submit an annual report on fires (Form No. 5-483) 
covering the 12 months ending December 31. This 
report should be accompanied by a small scale map of 
the forest, showing the location of all areas burned over 
during the year. 

USE AND SALE OF TIMBER. 

Section 8. The act of Congress approved June 25, 
1910 (36 Stat. L., 855-857) , further provides : 

Sec. 7. That the mature living and dead and down timber 
on unallotted lands of any Indian reservation may be sold under 
regulntions to be prescribed by the Secretary of the Interior 
and the proceeds from such sales shall be used for the benefit 
of the Indians of the reservation in such manner as he may di- 
rect: Provided, That this section shall not apply to the States 
of Minnesota and Wisconsin. 



FORESTS ON INDIAN RESERVATIONS. 9 

Sec. 8. That the timber on any Indian allotment held under 
a trust or other patent containing restrictions on alienations, 
may be sold by the allottee with the consent of the Secretary 
of the Interior, and the proceeds thereof shall be paid to the 
allottee or disposed of for his benefit under regulations to be 
prescribed by the Secretary of the Interior. 

In all sales from either unallotted land or from al- 
lotments the approval by the superintendent, or by the 
Commissioner of Indian Affairs of any permit, proposal 
or contract made in accordance with the following regu- 
lations, shall operate as the specific consent of the Sec- 
retary of the Interior to the sale and removal of the 
timber covered thereby. 

Section 9. Large sales of timber will be made from 
unallotted lands as occasions arise. Such sales will re- 
ceive special consideration, and a regular contract will 
be executed, accompanied by a bond when necessary. 
However, small operations should be allowed in order 
to meet the needs of the Indians or to satisfy the re- 
quirements of white persons living upon reservations or 
of settlers living in the vicinity of the same. In some 
of these cases a charge should be made for the timber 
removed and in other instances no charge should be 
made. The course to be pursued will vary to some ex- 
tent with the conditions on each reservation, and the 
circumstances of each individual case, but the general 
policy to be followed by the superintendent should 
accord with the following principles: 

(a) No charge should be made to Indians for dead 
or living timber taken from unallotted lands for per- 
sonal use. A stumpage charge, fixed with a view to 



10 REGULATIONS AND INSTRUCTIONS. 

the encouragement of Indians in habits of thrift and 
improvement of the condition of the forest, should be 
made to Indians removing dead timber from unallotted 
lands for sale. The full stumpage value should be 
charged to Indians removing living timber from un- 
allotted lands for sale. 

(h) A small stumpage charge should be made to 
persons other than Indians for dead timber removed 
from unallotted land for personal use. The full 
stumpage value should be charged such persons for 
either living or dead timber removed from unallotted 
lands for sale. 

Where the amount of timber available is no greater 
than is needed by the Indians, no sales should be made. 
All expenses connected with the sale of timber from 
unallotted lands may be paid from the proceeds of the 
sale, but the net proceeds shall be deposited as " Indian 
Moneys — Proceeds of Labor." The gross proceeds 
must be taken up in the superintendent's account as 
" Miscellaneous receipts, class B." 

Section 10. — Extensive timber operations upon allot- 
ments will be conducted only under special permission 
from the Commissioner of Indian Affairs or the Secre- 
tary of the Interior. Small sales may be made with 
the permission of the superintendent. Except as pro- 
vided in section 11 all sales from allotments should 
be made through the superintendent, and a proper 
percentage of the proceeds may be deducted to cover 
the expenses connected with the sale. The net proceeds 
should be devoted to the improvement of the allotment 
or deposited to the credit of the allottee as " Individual 



FORESTS ON INDIAN RESERVATIONS. 11 

Indian money." The gross proceeds received from 
such sale shall be taken up and accounted for by the 
superintendent under the same caption. The net pro- 
ceeds of such sales, not exceeding $25 at any one time^ 
nor $100 in any one month, may be paid to the allottee 
in cash in the discretion of the superintendent. The 
property of minors must be jealously guarded during 
their minority. It will be the general policy of the 
office to permit the sale of timber from allotments of 
minors only to meet the necessities of life, to afford 
the means of an education, or to improve the productive 
value of the land for agricultural or timber crops. 
Upon allotments of both minors and adults woodlots 
must be reserved wherever practicable. Upon areas 
not adapted to agriculture, where because of the slope 
a forest covering is needed, where the leaving of a 
second crop of timber is desirable, where the permanent 
maintenance of a woodlot is essential, and where any 
other conditions demand it, the merchantable trees nec- 
essary to accomplish the end in view should be reserved 
from sale. Extensive clear cutting should be permitted 
only where the land will be utilized for agricultural 
purposes. 

Section 11. — Superintendents will insist that all tim- 
ber cutting, not done under a formal contract, upon 
either unallotted lands or allotments by Indians or 
others, shall be done under the regular permit (Form 
No. 5-924) and will impress upon permittees the im- 
portance of preserving the permit form as evidence of 
their right to cut and remove timber. It is advisable 
that separate permit books be used for operations on 



12 REGULATIONS AND INSTRUCTIONS. 

unallotted lands and on allotments in order that data 
for the superintendent's quarterly timber report (Form 
No. 5-481) and annual report (Form No. 5-486) may 
be readily abstracted. On reservations of limited ex- 
tent the permit should be issued from the agency office 
only. On large reservations permits may also be issued 
by subagents, or other officials, as may be found most 
convenient. Each quarterly and annual report by the 
superintendent must include the timber cut under all 
permits issued on the reservation. The same permit 
form will be used by the superintendent in allowing 
Indians to clear portions of their allotments for agri- 
cultural purposes. A complete record of such clearings 
must be kept in the permit book. Permit form (5-924) 
will be used only where the stumpage value of the 
timber to be removed from either imallotted lands or 
allotments is less than $25. In the discretion of the 
superintendent the value of the timber, not exceeding 
$26 in any one year, cut from an allotment under a per- 
mit, or permits, may be paid directly to the allottee by 
the purchaser and not be taken up in the superin- 
tendent's accounts. The permit form was devised as a 
convenience in meeting the requirements of Indians 
and other persons for limited quantities of timber for 
domestic, agricultural, and grazing purposes. It must 
not be used as a substitute for the regular timber 
contracts. 

Section 12. — For sales of timber of a stumpage value 
greater than $25 the regular contract forms (Form 
No. 5-487 for unallotted lands and Form No. 5-489 for 
allotments) must be used. No sale of timber from 



FORESTS ON INDIAN RESERVATIONS. 18 

either tribal lands or from an allotment of a stumpage 
value greater than $25 shall be effected until an exami- 
nation of the timber to be sold shall have been made 
and a written recommendation of the sale submitted 
by the examiner, including an appraisal of the value 
of the timber, an exact description of the proposed 
sale area, and if possible a map showing all essential 
or important information. In all sales in which the 
stumpage value of the timber is greater than $250 the 
contracts must be forAvarcled to Washington for 
approval. In sales, of timber of a stumpage value not 
exceeding $250 the contracts may be made by the super- 
intendent on unallotted lands or approved by him for 
sales from allotments, but two copies of each contract 
signed or approved by the superintendent must be 
mailed immediately to the Commissioner of Indian 
Affairs. 

Section 13. — Open-market sales of timber not exceed- 
ing $100 each in stumpage value may be made from 
unallotted lands by the superintendent, but the total 
stumpage value of timber thus sold to any one indi- 
vidual, firm, or corporation in any one year shall not 
exceed $1,000. 

Section 14. — Open-market sales of timber not exceed- 
ing a total of $100 in stumpage value in any one jen,r 
may be made from any Indian allotment with the 
approval of the superintendent having jurisdiction 
thereover. 

Section 15. — All sales of timber of a stumpage value 
greater than $100 shall be made only after due adver- 
tisement. If the stumpage value of the timber offered 



14 REGULATIONS AND INSTRUCTIONS. 

does not exceed $1,000 the advertisement may be made 
by posters and circular letters, and the sale may 
be made at auction or under sealed proposals. If 
the stumpage value exceeds $1,000 the advertisement 
must be made in at least two newspapers of general 
circulation in the State where the timber is situated, 
and sealed proposals must be received if the value 
exceeds $5,000. For sales in which the stumpage value 
of the timber does not exceed $5,000 the advertisement 
shall be for not less than 30 days; for sales exceeding 
$5,000 but not over $50,000, not less than 60 days; and 
for all sales exceeding $50,000, not less than 90 days. 

Section 16. — Timber which has been duly advertised 
for sale at public auction or under sealed proposals 
may be sold in open market for not less than the ap- 
praised value at any time within one year from the 
date of the auction or the last day on which bids were 
to be received as defined in the advertisement. 

Section 17. — Sales in which the stumpage value of the 
timber does not exceed $50,000 may be made from un- 
allotted land by the Commissioner of Indian Affairs or 
from allotments with his approval. Sales in which the 
stumpage value exceeds $50,000 shall be made only with 
the express approval of the Secretary of the Interior. 

Section 18. — A deposit of 10 per cent of the estimated 
value of the timber advertised shall be submitted with 
each proposal for timber not exceeding $5,000 in value, 
and a deposit of 5 per cent with each proposal for 
timber of a stumpage value exceeding $5,000 but not 
exceeding $50,000. The amount of the deposit to be 



FORESTS ON INDIAN RESERVATIONS. 15 

required in sales exceeding $50,000 shall be determined 
at the time of each advertisement. Every deposit in 
excess of $500 must be in the form of a dul};^ certified 
check on a solvent national bank, drawn payable to the 
order of the superintendent having jurisdiction over 
the timber. Smaller deposits may be in cash, or a duly 
certified check as required by the advertisement. A 
deposit of 10 per cent of the estimated value of the 
timber sold will be required of the successful bidder, 
at the time of the sale, when timber is sold at auction. 
These deposits are required as a guaranty of good faith, 
and when a bond is not executed the deposit of the suc- 
cessful bidder will be retained until the contract is com- 
pleted. In the final settlement under the contract the 
deposit will be credited if the successful bidder has fully 
complied with the terms of his proposal and the con- 
tract, as a portion of the whole amount due for the tim- 
ber purchased. If a bond is furnished and accepted, the 
deposit may be credited as a first installment in pay- 
ment for the timber. The cash or certified checks de- 
posited will be returned to depositors whose proposals 
are not accepted. 

Section 19. — In all sales payments for timber will be 
required in advance of cutting, either as a single pay- 
ment or in the form of installments. In sales of a 
stumpage value not exceeding $100, the number of in- 
stallments shall not exceed 4; in sales of a value ex- 
ceeding $100 but not over $5,000, the number of install- 
ments shall not exceed 10 ; and in sales of a value greater 
than $5,000, but not over $50,000, the number of install- 



16 BEGULA.TIONS AND INSTRUCTIONS. 

ments shall not exceed 20. In sales in which the 
stumpage value exceeds $50,000. the amount of the 
required deposits shall be determined at the time of 
each sale, but shall not be less than $2,500 each. 

Section 20. — In sales in which the stumpage value of 
the timber does not exceed $5,000 no bond will be re- 
quired ; in sales in which the value exceeds $5,000, but 
is not over $50,000, a bond may be required in the dis- 
cretion of the Commissioner of Indian Affairs and of 
an amount to be fixed by him; in sales in which the 
stumpage value exceeds $50,000, a bond will be re- 
quired in an amount to be fixed by the Secretary of the 
Interior. 

Section 21. — In all sales of timber from either un- 
allotted or allotted lands the amount deducted from 
the proceeds to meet the expenses connected with the 
sale should be sufficient to cover the cost of examina- 
tion, supervision, scaling, collecting, caring for the 
brush and protecting from fire the timber and young 
growth left standing. The amount required for all 
such expenses must be determined to a large extent from 
experience, and may be a percentage of the receipts or 
a certain rate per thousand feet of timber cut. 

Section 22. — The maximum periods which shall be 
allowed after the date of the contract for the cutting 
and removal of the timber purchased shall be as fol- 
lows: For sales of $1,000 stumpage value, or less, one 
year; for sales over $1,000, but not exceeding $5,000, 
two years; for sales over $5,000, but not exceeding 
50,000, five years; for sales exceeding $50,000, the 
number of years fixed in the advertisement. However, 



FORESTS ON INDIAN RESERVATIONS. 17 

the catting and removal of any amount shall not be 
so distributed over the allowed period as to render the 
cost of supervision unreasonably high. 

Section 23. — The right of the superintendent, the 
Commissioner of Indian Affairs, or the Secretary of 
the Interior to waive technical defects in advertise- 
ments and proposals and to reject any and all pro- 
posals shall be reserved in all cases according as each 
has authority to make sales. 

Section 24. — All contracts for the sale of timber from 
unallotted lands or from allotments must be executed 
in quadruplicate. If the sale is for timber of such a 
value that the contract can not be made or approved by 
the superintendent all copies must be forwarded to the 
Commissioner of Indian Affairs. If the contracts are 
approved by the Commissioner or by the Secretary of 
the Interior, one copy will be retained in the Indian 
Office, one copy filed in the auditor's office, and two 
copies returned to the superintendent. A copy must be 
kept in the agency file, and the fourth copy should be 
given to the contractor. If the contract is for the sale 
of timber from an allotment it should be executed in 
quintuplicate, in order that a copy may be available 
for presentation to the allottee upon request. 

SALE OF TIMBER OF MINORS. 

Section 25. — A contract for the sale of the timber on 
the allotment of a minor under the act of June 25, 1910, 
must be signed by the father, mother, superintendent, 
or other officer in charge of the agency, in the order 

987—11 2 



18 REGULATIONS AND INSTRUCTIONS. 

named. In timber sales from allotments the same pre- 
caution for the future interests of the minor should be 
observed as a court of chancery or guardianship would 
exercise in authorizing the conversion of the property 
of a minor into another form, or the use of the prin- 
cipal for necessities. Such sales will never be approved 
as a matter of course, but in all cases must be 
thoroughly considered and most carefully supervised. 

SPECIAL REQUIREMENTS OF CONTRACTS. 

Section 26. — The allowable height of stumps should 
usually be fixed at 10, 12, 14, 16, or 18 inches and should 
never exceed the diameter of the tree at the top of the 
stump, unless the trees are excessively swell-butted or 
both badly and generally affected with shake. Where 
the trees are small the maximum stump height may be 
fixed at less than 18 inches. The maximum diameter 
of the base of tops should be fixed so as to utilize all 
timber which may be taken without loss by the use of 
methods of logging and utilization which are econo- 
mical and feasible. Wherever the market conditions 
and the kind of timber being cut will permit, all trees 
should be utilized to a diameter of 6 inches in the tops. 
If still smaller timber is merchantable the purchaser 
should be required to take it and pay for it. 

Section 27. — The general minimum diameter limits to 
which trees will be cut as stijDulated in the contract will 
vary greatly with local conditions, but upon lands 
which are to be kept as timber lands should be such 
as to leave sufficient seed trees in all cases, and in most 



FORESTS ON INDIAN RESERVATIONS. 19 

instances such as to leave 20 to 30 per cent of the mer- 
chantable stand as a basis for future timber crops. 

Section 28.— Ordinarily the brush should be piled at 
the time of cutting and burned either as piled or as 
soon thereafter as it can be conveniently done. A good 
time to burn brush which has accumulated during the 
summer or lain over from the previous winter's log- 
ging is directly after the first fall of snow in the 
autumn. Where there is a special danger of soil ero- 
sion, or where on a steep slope or in a dry locality a 
soil covering is needed to insure reproduction, the brush 
may be scattered. Occasionally the burning of brush 
will be impracticable because of the density of the 
stand of timber which is not cut. The piling and burn- 
ing of the brush should be insisted upon in all cases 
where there is any substantial doubt as to the method 
of disposal which should be used. Superintendents and 
special forest officers in charge of timber operations 
are particularly cautioned that the careful considera- 
tion of such questions and the strictest supervision of 
brush disposal, to the end that fire danger is reduced 
to the minimum, will be required by the office. 

MARKING. 

Section 29. — When standing timber is marked for cut- 
ting, the letters " U. S." should be stamped low enough 
on the tree to appear clearly on the stump after the 
tree is cut. l^Hiere snow may conceal the marking 
from the cutters, each tree must also be marked at a 
point several feet from the ground. Witness trees or 



20 REGULATIONS AND INSTRUCTIONS. 

any tree blazed to mark the line of any Government 
survey should never be marked or otherwise designated 
for cutting. (Act of June 10, 1896,29 Stat. L., 321.) All 
mature and over-mature trees and merchantable trees 
of undesirable species should be marked. Unless 
needed for seed, all trees which show defects such as 
punk knots, spike tops, bad crooks, low forks, fire scars, 
cat- faces, or frost cracks, should be marked. The 
officer doing the marking should not be unreasonable 
in requiring purchasers to take defective trees, but as 
a general rule those which will yield one merchantable 
log should be marked. Poorly crowned or crowded 
trees of any usable size should be marked. Thrifty, 
young, rapidly growing trees of desirable species 
should not be marked even if they have a diameter 
larger than the minimum stated in the contract. 'Wliere 
the danger of windfall, or the need for protection of 
the soil from erosion is great, the number of trees 
marked for removal should be very limited. Each 
tree left should have its crown free enough for vigorous 
growth. As a rule trees left for seed should be young 
trees which will yield good lumber in the future. In 
mixed forests all seed trees should be of the more 
valuable species. If there is danger that fire will run 
over the cutting area, enough trees should be left to 
seed the ground fully even though reproduction is 
present at the time of the cutting. To give good re- 
sults, seed trees of most species should not be farther 
apart than twice their height, and should be evenly 
distributed over the cutting area. On the edge of 
openings, such as old burns, seed trees should be left 



FORESTS ON INDIAN RESERVATIONS. 21 

on the side from which the prevailing winds blow. 
Isolated, thrifty trees of desirable species should be 
marked only when it is evident that this species will 
not grow well on that particular situation. The 
marker should first decide which trees are to be left 
and then mark the trees to be removed. Doubt whether 
a tree should be left for seed or protection should be 
resolved in favor of leaving, and a defective tree should 
be marked if there is doubt as to its being classed as 
merchantable. When dead timber is to be cut, the 
boundary of the cutting area may be marked and the 
marking of individual trees omitted. If for any reason 
trees within such an area are to be reserved from cut- 
ting they should be marked. 

SCALING. 

Section 30. — All saw timber should be scaled. Each 
log must be numbered with crayon. The number should 
be the same as that opposite which the scale of the log 
is recorded in the scale book. The logs in all skidways 
must be counted and the number in each checked with 
the entries in the scale book. Diameters of logs will 
be measured at the small end inside the bark and the 
scale recorded which corresponds with the nearest inch 
above or below the actual diameter. Logs which are 
not round should be scaled on the average diameter. 
Proper deductions should be made for defects in logs, 
but no deduction for curves or sweep should be made 
in scaling lengths which exceed 16 feet. Logs and other 
timber so defective as to be absolutely worthless should 
not be stamped. Unsound or crooked logs should be 



22 REGULATIONS AND INSTRUCTIONS. 



^ 



scaled down to the actual contents of merchantable 
material. All partially unsound but merchantable tim- 
ber must be scaled, whether removed or not, wherever 
the merchantable material in the same will pay for 
the sawing. The scale book is Form 5-925. 

Section 31. — The purchasers may be required to skid 
logs, to mark the top ends, and place them even in the 
pile, and to skid logs of different lengths in separate 
piles as shall be necessary for convenient scaling. Log 
lengths should be accurately measured at frequent 
intervals to insure that they do not overrun the 3 
extra inches allow^ed for trimming. Logs should be 
skidded for scaling if the cost of scaling will be ma- 
terially decreased by this requirement. 

Section 32.— The Scribner " Decimal C " log rule shall 
be used in scaling. This rule drops the units and gives 
the contents of a log in the nearest number of tens. 
Thus, the contents of a 16-foot log 12 inches in diameter, 
which is 79 board feet according to Scribner's computa- 
tion, is evened off to 80 and given as 8 ; the 303 board 
feet in a 24-inch log 12 feet long are rounded off to 
300 and appear as 30 in the table. The total scale of a 
log in board feet is obtained by multiplying by 10 the 
number read from the scale stick. The Scribner 
" Decimal C " log rule for logs from 6 to 16 feet in 
length and from 6 to 120 inches in diameter is as 
follows : 



FOKESTS ON INDIAN RESERVATIONS. 



23 



Scribner Log Rule. 
[Decimal «C."] • 







LENGTH 


(FEET). 






Diameter. 










Diameter. 
















6 


8 


10 


12 


14 


16 




Inches. 


Bd. . 


Bd.ft. 


Bd.ft. 


Bd.ft. 


Bd.ft. 


Bd.ft. 


Inches. 


6 


0.5 


0.5 


1 


1 


1 


2 


6 


7 


0.5 




1 


2 


2 


3 


7 


8 


1 


1 


2 


2 


2 


3 


8 


9 


1 


2 


3 


3 


3 


4 


9 


10 


2 


3 


3 


3 


4 


6 


10 


11 


2 


3 4 


4 


6 


7 


11 


12 


3 


4 i 5 


6 1 7 


8 


12 


13 


4 


5 1 6 


7 f 8 


10 


13 


14 


4 


6 


7 


9 10 


11 


14 


15 


5 


7 


9 


11 


12 


14 


15 


16 


6 


8 


10 


12 


14 


16 


16 


17 


7 


9 


12 


14 


16 


18 


17 


18 


8 


11 


13 


16 


19 


21 


18 


19 


9 


12 


15 


18 


21 


24 


19 


20 


11 


14 


17 


21 


24 


28 


20 


21 


12 


15 


19 


23 


27 


30 


21 


22 


13 


17 


21 


25 


29 


33 


22 


23 


14 


19 


23 


28 


33 


38 


23 


24 


15 


21 


25 


30 35 


40 


24 


25 


17 


23 


29 


34 


40 


46 


25 


26 


19 


25 31 


37 


44 


50 


26 


27 


21 


27 34 


41 


48 


55 


27 


28 


22 


29 36 


44 


51 


68 


28 


29 


23 


31 38 


46 


53 


61 


29 


30 


25 


33 41 


49 


57 


66 


30 


31 


27 


36 44 


53 


62 


71 


31 


I 32 


28 


37 1 46 


55 


64 


74 


32 


1 33 


29 


39 1 49 


69 


69 


78 


33 


1 34 


30 


40 50 


60 


70 


80 


34 


35 


33 


44 55 


66 


77 


88 


35 


36 


35 


46 1 58 


69 1 81 


92 


36 


37 


39 


51 ; 64 


77 I 90 


103 


37 


38 


40 


54 67 


80 1 93 


107 


38 


39 


42 


56 1 70 


84 j 98 


112 


39 


40 


45 


60 


! 75 


90 


105 


120 


40 


41 


48 


64 


1 79 


95 


111 


127 


41 


42 


50 


67 


84 


101 


117 


134 


42 


43 


52 


70 


.87 


105 


122 


140 


43 


44 


56 


i 74 


! 93 


111 


129 


148 


44 


45 


1 57 


i 76 


1 95 


114 


1 133 


152 


45 



24 



REGULATIONS A.ND INSTEUCTIONS. 



Scribner Log Rule — Continued. 
[Decimal "C."] 







LENGTE 


(FEET). 






Diameter. 














Diameter. 
















6 


8 


10 


12 


14 


16 




Inches. 


Bd.ft. 


Bd.ft. 


Bd.ft. 


Bd.ft. 


Bd.ft. 


Bd.ft. 


Inches. 


46 


59 


79 


99 


119 


139 


159 


46 


47 


62 


83 


104 


124 


145 


166 


47 


48 


65 


86 


108 


130 


151 


173 


48 


49 


67 


90 


112 


135 


157 


180 


49 


50 


70 


94 


117 


140 


164 


187 


50 


51 


73 


97 


122 


146 


170 


195 


51 


52 


76 


101 


127 


152 


177 


202 


52 


53 


79 


105 


132 


158 


184 


210 


53 


54 


82 


109 


137 


164 


191 


218 


54 


55 


85 


113 


142 


170 


198 


227 


55 


56 


88 


118 


147 


176 


206 


235 


56 


57 


91 


122 


152 


183 


213 


244 


57 


58 


95 


126 


158 


189 


221 


252 


58 


59 


98 


131 


163 


196 


229 


261 


59 


60 


101 


135 


169 


203 


237 


270 


60 


61 


105 


140 


175 


210 


245 


280 


61 


62 


108 


145 


181 


217 


253 


289 


62 


63 


112 


149 


187 


224 


261 


299 


63 


64 


116 


154 


193 


232 


270 


309 


64 


65 


119 


159 


199 


239 


279 


319 


65 


66 


123 


164 


206 


247 


288 


329 


66 


67 


127 


170 


212 


254 


297 


339 


67 


68 


131 


175 


219 


262 


306 


350 


68 


69 


135 


180 


226 


271 


316 


361 


69 


70 


139 


186 


232 


279 


325 


372 


70 


71 


144 


192 


240 


287 


335 


383 


71 


72 


148 


197 


247 


296 


345 


395 


72 


73 


152 


203 


254 


305 


356 


406 


73 


74 


157 


209 


261 


314 


366 


418 


74 


75 


161 


215 


269 


323 


377 


430 


75 


76 


166 


221 


277 


332 


387 


443 


76 


77 


171 


228 


285 


341 


398 


455 


77 


78 


176 


234 


293 


351 


410 


468 


78 


79 


180 


240 


301 


361 


421 


481 


79 


80 


185 


247 


309 


371 


432 


494 


80 


81 


190 


254 


317 


381 


444 


508 


81 


82 


196 


261 


326 


391 


456 


521 


82 


83 


201 


268 


335 


401 


468 


535 


83 


84 


206 


275 


343 


412 


481 


549 


84 


85 


210 


281 


351 


421 


491 


561 


85 



FORESTS ON INDIAN RESERVATIONS. 



25 



Scrihner Log Rule — Continued, 
[Decimal "C."] 







LENGTH 


(FEET). 






Diameter, 














Diameter. 
















6 


8 


10 


12 


14 


16 




Inches. 


Bd.ft. 


Bd.ft. 


Bd.ft. 


Bd.ft. 


Bd.ft. 


Bd.ft. 


Inches. 


86 


215 


287 


359 


431 


503 


675 


86 


87 


221 


295 


368 


442 


516 


589 


87 


88 


220 


301 


377 


452 


527 


603 


88 


89 


231 


308 


385 


462 


539 


616 


89 


90 


236 


315 


393 


472 


551 


629 


90 


91 


241 


322 


402 


483 


563 


644 


91 


92 


246 


329 


411 


493 


675 


667 


92 


93 


251 


335 


419 


503 


587 


671 


93 


94 


257 


343 


428 


514 


600 


685 


94 


95 


262 


350 


437 


525 


612 


700 


95 


96 


208 


357 


446 


536 


625 


715 


96 


97 


273 


364 


455 


546 


637 


728 


97 


98 


278 


371 


464 


557 


650 


743 


98 


1 99 


284 


379 


473 


568 


663 


757 


99 


100 


289 


386 


482 


579 


675 


772 


100 


101 


295 


393 


492 


590 


688 


787 


101 


102 


301 


401 


502 


602 


702 


803 


102 


103 


307 


409 


512 


614 


716 


819 


103 


104 


313 


417 


522 


626 


730 


835 


104 


' 105 


319 


425 


532 


638 


744 


851 


105 


106 


325 


433 


542 


650 


758 


867 


106 


107 


331 


442 


553 


663 


773 


884 


107 


108 


337 


450 


563 


675 


788 


900 


108 


109 


344 


459 


573 


688 


803 


917 


109 


110 


350 


467 


583 


700 


817 


933 


110 


111 


356 


475 


594 


713 


832 


951 


111 


112 


362 


483 


604 


725 


846 


967 


112 


113 


369 


492 


615 


738 


861 


984 


113 


114 


375 


501 


626 


751 


876 


1,001 


114 


115 


382 


509 


637 


764 


891 


1,019 


115 


116 


389 


519 


648 


778 


908 


1,037 


116 


117 


396 


528 


660 


792 


924 


1,056 


117 


118 


403 


537 


672 


806 


940 


1,075 


118 


119 


410 


547 


683 


820 


957 


1,093 


119 


120 


417 


556 


695 


834 


973 


1,112 


120 



Section 33. — In all ordinary sales the maximum scal- 
ing length of logs shall be 16 feet. No scaling lengths 



26 



REGULATIONS AND INSTRUCTIONS. 



in excess of 16 feet shall be allowed under any cir- 
cumstances without the special permission of the Com- 
missioner of Indian Affairs. If a log exceeds 16 feet 
in length it will be scaled as two or more logs, in 
lengths not less than 12 feet where practicable. The 
following table shows how the lengths should be 
divided in the scaling of logs 18 to 60 feet long. The 
number of inches to be added to the diameter, nt -lie 
points of division made for scaling purposes from the 
top toward the butt of a long log to allow for taper, 
is placed under each length. 



Total length. 


Log lengths. 


Total length. 


Log lengths. 


Feet. 


Butt 
log. 


Sec- 
ond 
log. 


Third 
log. 


Top 
log. 

8' 

0" 

10' 

0" 

10' 
0" 

10' 
0" 

12' 

i5" 

0" 

14' 
0" 

16' 
0" 

10' 
0" 

12' 
0" 

12' 
0" 


Feet. 


Butt 
log. 


Sec- 
ond 
log. 


Third 
log. 


Top 
log. 


18 


10' 
1" 

10' 
1" 

12' 
1" 

14' 
1" 

14' 
1" 

14' 
2" 

16' 
2" 

16' 
2" 

12' 
3" 

12' 
3" 

14' 
3" 






40. 

42. 

44. 
46. 

48. 
50. 

62. 
54. 

56. 

; 58. 

1 

1 60. 

i 




16' 
3" 
16' 
3" 

16' 
3" 

16' 
4" 

16' 
4" 

14' 
4" 

16' 
4" 

16' 
5" 

16' 
5" 

16' 
5" 

16' 
5" 


12' 
1" 
14' 
1" 

16' 
1" 

16' 
2" 

16' 

ll' 
3" 

12' 
3" 

14' 
3" 

16' 
3" 

16' 
3" 

16' 
3" 


■l2'" 
1" 

12' 
1" 

12' 
1" 

12' 
1" 

14' 
2" 

14' 
2" 


17' 


Increase.. 






Increase.. 


0" 


20 






1?' 


Increase 






Increase.. 


0" 


22 






ir 


Increase 






Increase.. 


0" 


24 






14' 


Increase. . 






Increase.. 


0" 


26 




. 


16' 


Increase . 






Increase.. 


0" 


28 






12' 


Increase . . 






Increase. . 


0" 


30 






12' 


Increase . . 






Increase.. 


0" 


32 






12' 


Increase.. 






Increase . . 


0" 


34 


12' 
1" 

12' 
1" 

12' 
1" 




12' 


Increase.. 
36 


Increase . . 


0" 
12' 


Increase.. 
38 


Increase.. 


0" 
14' 


Increase.. 


Increase.. 


0" 



FOKESTS ON INDIAN RESERVATIONS. 27 

For example, a 42-foot log, 16 inches in diameter ai 
the top, would be scaled as : 

One 12-foot log with a diameter of 16 inclies. 
One 14-foot log with a diameter of 17 inches. 
One 16-foot log with a diameter of 19 inches. 

This table is intended only as a guide. The allow- 
ance for taper should be varied to conform to the actual 
taper. 

Section 34.— AVhen scaled each stick of saw logs, tim- 
bers, ties, posts, poles, piles, or stulls must be stamped 
"U. S." on at least one end. Cordwood must be 
stamped at both top and bottom of each pile and on at 
least 10 pieces in each cord. In the absence of a scale 
stick or where the position of the logs in piles makes 
the use of a scale stick difficult, the diameters and 
lengths of the logs or poles may be tallied and the con- 
tents figured from a scale table later. Ties may be ac- 
tually scaled, or they may be counted and the number 
multiplied by the average contents. Ordinarily 8-foot, 
standard face ties may be rated at 33J board-feet each, 
or 30 ties to the one thousand feet; 8-foot second- 
class ties and 6-foot standard-face ties may be rated at 
25 board-feet each, or 40 ties to the thousand feet. 
Shake and shingle bolt material may be measured either 
by the cord or by the thousand-feet board measure. 
Poles, posts, piles, etc., may be scaled, sold by the linear 
foot or by the piece as circumstances make advisable. 
The equivalent in board-feet of a cord of wood will 
vary from 500 to 700. A cubic foot of round timber 
contains from 6 to 8 board feet of sawn lumber. Twelve 
board feet of lumber equal 1 cubic foot. An ordinary 



28 REGULATIONS AND INSTRUCTIONS. 

fence post may be considered equivalent to 5 board feet 
or IJ cubic feet, and an ordinary telephone pole to 60 
board feet, or 10 cubic feet. Five laths equal 1 board 
foot and 60 laths 1 cubic foot, while 10 shingles equal 
1 board foot and 1,000 shingles about 9 cubic feet. 

AGENCY SAWMILLS. 

Section 35. — The agency sawmill has important possi- 
bilities as a means of training Indians in habits of 
work, as an incentive to improved housing conditions 
and other improvements on allotments, and as a source 
of revenue for the general uplift of the tribe. The 
gratuitous issue of lumber should be restricted to indi- 
gent Indians whose circumstances are such as to make 
it impossible for them to earn their own living. The 
cost of sawing timber, cut from allotments, should be 
paid by the Indians for whom the sawing is done, and 
both the stumpage value and the cost of sawing should 
be covered by the price at which lumber cut from tribal 
lands is sold to able-bodied Indians. In lieu of paying 
cash, such Indians may be allowed to perform work 
as an equivalent of the stumpage value and the cost of 
sawing for all lumber which they receive. No profit 
for the mill should be expected upon timber cut from 
allotments and brought to the mill by the allottee, nor 
upon lumber cut from tribal lands and sold to the 
Indians for their personal use. Upon timber cut from 
tribal land, manufactured at the mill and sold to per- 
sons other than Indians, or to Indians for sale to others, 
a profit for the benefit of the tribe should be realized. 
In manv instances it will be found most convenient to 



FORESTS ON INDIAN RESEEVATI0N3. 29 

accept pa}^ for sawing and for stumpage in the form 
of a toil of the lumber sawn. The percentage which 
should be deducted as a toll will depend upon the cost 
of sawing and the value of the sawn lumber at the 
particular mill. In general the cost of rough sawing 
at agency mills will be from one-fourth to one-third 
of the value of the product at the mill, and this cost 
will determine the proportion to be deducted. The 
amount of toil to be deducted for sawing, dressing, and 
matching will vary from one- third to two-fifths of the 
value of the product, and the toll should be fixed ac- 
cordingly. If the timber is cut from unallotted lands, 
an additional toll should be taken to cover stumpage. 
If the Indians who bring in the logs aid in the sawing, 
an allowance should be made for their wages. How- 
ever, the practice of requiring or allowing each Indian 
to aid in the sawing of the logs which he brings to the 
mill should be discouraged and a regular mill crew 
maintained as far as possible. 

Section 36. — Superintendents are authorized to em- 
ploy Indians or other persons to cut logs from tribal 
lands and deliver them to the mills. The cost of cut- 
ting and delivering logs to the mill yard will vary from 
$3.50 to $6.50 per thousand feet, according to local con- 
ditions, but the payment of more than $5 for such work 
will seldom be justified. The use of portable mills so 
as to avoid long hauls will obviate the necessity for a 
high cost of logging. Every effort should be made to 
induce Indians to do all work in connection with log- 
ging and the manufacture of lumber, but they must be 
required to render services commensurate with the 



30 BEGULA.TIONS AND INSTRUCTIONS. 

wages which they receive. The economic and moral 
success of a mill should not be jeojardized by a policy 
of keeping indolent Indians in positions carrying good 
salaries or by the payment of too high wages. The 
necessary expenses connected with logging and milling 
operations conducted by the superintendent on unal- 
lotted lands may be paid from the proceeds of the lum- 
ber sold, but the net proceeds must be deposited to the 
credit of the tribe as " Indian moneys — proceeds of 
labor," and any profit which may accrue from the 
manufacture of timber cut by Indians from either 
unallotted or allotted lands shall be deposited under the 
same caption. The office will recognize to the fullest 
extent the moral, educational, and general social re- 
sults obtained through the management of an agency 
sawmill, but superintendents are urged to bear in mind 
that the amount of the profit realized from the operation 
will be one test of the success of the mill. Prior to the 
5th of each month a report covering the work of the 
previous month at the agency sawmill should be for- 
warded to the office and a duplicate of the same re- 
tained in the agency file. If there is more than one 
mill at an agency a separate report should be made for 
each. In these reports (Form 5-485) the term " issue " 
will be confined to gratuities. 

Section 37. — The system of allowing private saw- 
mills to take a toll of lumber sawn for Indians in 
payment for the sawing is open to grave abuses, and 
wherever it is necessary to follow this plan a strict 
supervision must be exercised in order that an inequi- 
table amount, or too large a proportion of the better 



FORESTS ON INDIAN RESEEVATIONS. 31 

quality, of the lumber is not retained as a toll. A 
reasonable profit in addition to the actual cost of manu- 
facture should be allowed, but the proportion to be 
taken as a toll for rough sawing should in no case ex- 
ceed two-fifths, and that for sawing, dressing, and 
matching should not exceed one-half. These maxi- 
mums are too high for mills which are accessible to good 
markets, or which are large and well equipped. 

GENERAL INFORMATION. 

Section 38. — Timber upon unallotted lands of reserva- 
tions situated within the States of Minnesota and Wis- 
consin, can not be sold under authority of the act of 
June 25, 1910, but dead and down timber may be sold 
under the act of February 16, 1889 (25 Stat. L., 673), 
which reads as follows: 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, Tbat 
the President of the United States may from year to year in 
his discretion, under snch regulations as he may prescribe, 
authorize the Indians residing on reservations or allotments, 
the fee to which remains in the United States, to fell, cut, 
remove, sell, or otherwise dispose of the dead timber, standing 
or fallen, on such reservation or allotment for the sole benefit 
of such Indian or Indians. But whenever there is reasonable 
cause to believe that such timber has been killed, burned, 
girdled, or otherwise injured for the purpose of securing its 
sale under this act, then, in that case, such authority shall not 
be granted. 

Section 39. — The general act of June 25, 1910, does 
not repeal any provisions of precedent special acts ap- 
plicable to particular reservations, and all require- 
ments of special acts in conflict or at variance with the 



32 REGULATIONS AND INSTRUCTIONS. 

terms or spirit of the general laAV must be complied 
with. However, the regulations formulated to cover 
sales under the general act will be applied and en- 
forced in all cases where the provisions are not in con- 
flict Avith the tenns of special acts, and the regular con- 
tract forms (Form No. 5-487, for unallotted lands, and 
Form 5-489, for allotments) will be used. The mature 
living and dead and down timber may be sold under 
the act of June 25, 1910, from the unallotted lands of 
any reservation, with the exception of the Five Civi- 
lized Tribes, where the special act provides for the res- 
ervation of the timber, or timber lands, for the use of 
the Indians of that reservation; or where the special 
act authorizes the sale of timber or timber land and the 
use of the proceeds for the benefit of the Indians, unless 
there are special restrictions as to the manner in which 
the proceeds of the sale are to be administered. 

SPECIAL ACTS APPLICABLE TO UNALLOTTED 
LANDS. 

Section 40. — Special acts applicable to unallotted 
lands referred to in section 39 are given below : 

BLACKFEET RESERVATION. 
ACT OF MARCH 1, 1907 (34 STAT. L., 1017, 1035). 

That lands classified and returned by said commission as 
timber lands shatt be sold and disposed of by the Secretary of 
the Interior, under sealed bids, to the highest bidder for cash, 
at not less than $5 per acre, under such rules and regulations 
as he may prescribe: Provided, That the said timber lands shall 
be sold in tracts not exceeding 40 acres, with preference right 
of purchase to actual settlers, including Indian allottees resid- 
ing in the vicinity, at the highest price bid. 



FORESTS ON INDIAN RESERVATIONS. 33 

COLVILLE RESERVATION. 
ACT OF MARCH 22, 1906 (34 STAT. L., 80). 

Sec. 5. Ttiat all of said lands returned and classified as tim- 
berlands shall be sold and disposed of by tbe Secretary of tbe 
Interior under sealed bids to the highest bidder for cash or at 
public auction, as the Secretary of the Interior may determine, 
and under such rules and regulations as he may prescribe. 

FLATHEAD RESERVATION. 
ACT OF APRIL 23, 1904 (33 STAT. L., 302). 

Sec. 6. That said commission shall in their report of lands 
of the third class determine as nearly as possible the amount 
of standing saw timber on legal subdivisions thereof and fix a 
minimum price for the value thereof, * * * 

Sec. 11. That all of said lands returned and classified by 
said commission as timberlands shall be sold and disposed 
of by the Secretary of the Interior under sealed bids to the 
highest bidder for cash or at public auction, as the Secretary 
of the Interior may determine, under such rules and regulations 
as he may prescribe. 

AMENDMENT CONTAINED IN ACT OF MARCH 3, 1909 (35 STAT. L^ 
781, 796). 

That section eleven of the Act of April twenty-third, nineteen 
hundred and four (Thirty-third Statutes at Large, page three 
hundred and two), entitled "An Act for the survey and allot- 
ment of lands now embraced within the limits of the Flathead 
Reservation, in the State of Montana, and the sale and disposal 
of all surplus lands after allotment," be amended to read as 
follows : 

'•Sec. 11. That all merchantable timber on said lands returned 
and classified by said commission as timberlands shall be sold 
and disposed of by the Secretary of the Interior, for cash, under 
sealed bids or at public auction, as the Secretary of the Interior 

987—11 3 



H^ KEGULATIONS AND INSiEUCTIONS. 

may determine, and under such regulations as he may prescribe : 
Provided, That after the sale and removal of the timber such 
of said lands as are valuable for agricultural purposes shall 
be sold and disposed of by the Secretary of the Interior in 
such manner and under such regulations as he may prescribe." 

AMENDMENT CONTAINED IN ACT OF JUNE 25, 1910 (36 STAT L., 855-863). 

Sec. 29. That the Secretary of the Interior be, and he is 
hereby, authorized to classify and appraise, under such rules 
and regulations as he may prescribe, all of the vacant, un- 
allotted, and unreserved lands of the Flathead Indian Reserva- 
tion, in the State of Montana, which have not been classified 
and appraised as provided for by the act of Congress approved 
Apri,l twenty-third, nineteen hundred and four, entitled "An Act 
for the survey and allotment of lands now embraced within 
the limits of the Flathead Reservation, in the State of Montana, 
and the. sale and disposal of all surplus lands after allotment," 
and t^he classification and appraisement made hereunder shall 
be of the same effect as provided for in said act; and the said 
Secretary is hereby authorized to dispose of all lands classified 
as " barren," " burned over," and " containing small timber," 
under such rules and regulations as he may prescribe, at not 
less than their appraised value. 

FORT BERTHOLD RESERVATION. 
ACT OF JUNE 1, 1910 (36 STAT. L., 455, 458). 

Sec. 10. That the Secretary of the Interior is hereby au- 
thorized to set aside and reserve as a tribal forest reserve all 
timber lands, to be used by said Indians under the direction of 
the Commissioner of Indian Affairs. 

FORT HALL RESERVATION. 
ACT OF JUNE 6, 1900 (31 STAT. L., 672, 674). 

A^TJi^l^E IV. So long as any of the lands ceded, granted, and 
r^JtinQutshed under this treaty remain part of the public domain, 
Indians belonging to the above-mentioned tribes, and living on 



FORESTS ON INDIAN RESERVATIONS. 35 

the reduced reservation, shall have the right, without any 
charge therefor, to cut timber for their own ase, but not for 
sale, and to pasture their live stock on said public lands, and 
to hunt thereon and to fish in the streams thereof. 

Sec. 5. That on the completion of the allotments and the 
preparation of the schedule provided for in the preceding sec- 
tion, and the classification of the lands as provided for herein, 
the residue of said ceded lands shall be opened to settlement 
by the proclamation of the President, and shall be subject to 
disposal under the homestead, town site, stone and timber, and 
mining laws of the United States only, excepting as to price. 

ACT OF MARCH 3, 1911 (36 STAT. L., 1058-1064). 

That the Secretary of the Interior is hereby authorized to set 
aside and reserve so much of the timber land of the Fort Hall 
Reservation as he may deem necessary to provide timber for 
the domestic use of the Indians, not exceeding in aggregate two 
townships of land. 

JICARILLA RESERVATION. 
ACT OF MARCH 4, 1907 (34 STAT. L., 1413). 

That the Secretary of the Interior may dispose of all mer- 
chantable timber on allotments herein authorized during the 
term these are held in trust and on the surplus lands for 
twenty-five years, the proceeds therefor to be expended under 
his direction for purposes beneficial to the individual allottees 
hereunder and their heirs, or for families, as he may deem 
best, and no part of such proceeds shall be expended for com- 
munity or common benefits other than irrigation, but shall be 
equitably apportioned as near as may be among the Indians 
entitled. 

:menominee reservation, 
act of march 28, 1908 (35 stat. l., 51). 

That the Secretary of the Interior be, and he is hereby, 
authorized and directed, under such rules and regulations as 



36 REGULATIONS AND INSTEUCTIONS. 

he may prescribe in executing the intent and purposes of this 
act, to cause to be cut and manufactured into lumber the dead 
and down timber, and such fully matured and ripened green 
timber as the forestry service shall designate upon the Menomi- 
nee Indian Reservation in the State of Wisconsin : Provided, 
That not more than twenty million feet of timber shall be cut 
in any one year: And provided further, That this limitation 
shall not include the dead and down timber on the north half 
of township numbered twenty-nine, range numbered thirteen 
east; the north half of township numbered twenty-nine, range 
numbered fourteen east, and the south half of township num- 
bered thirty, range numbered thirteen east, on the Menominee 
Reservation in Wisconsin. 

Sec. 2. * * * 

Sec 3. That the lumber, lath, shingles, poles, posts, bolts, 
and pulp wood, and other marketable materials so manufac- 
tured from the timber cut upon such reservations shall be sold 
to the highest and best bidder for cash, after due advertise- 
ment inviting proposals and bids, under such rules and regula- 
tions as the Secretary of the Interior may prescribe. * * * 

ACT OF MARCH 3, 1911 (36 STAT. L., 1058-1076X 

Sec. 26. That upon the passage of this act the Secretary of 
the Interior bo. and he hereby is, authorized and directed to 
cause to be cut and manufactured into lumber the dead and 
down timber now upon the Menominee Indian Reservation in 
the State of Wisconsin together with such green timber as may 
be necessary to cut in order to economically log the dead and 
down timber, such green timber to be designated and marked by 
the Forestry Service. For the cutting of such dead and down 
timber the Secretary of the Interior shall prescribe rules and 
regulations in conformity with the intent and purpose of the 
act of March twenty-eighth, nineteen hundred and eight, en- 
titled "An Act to authorize the cutting of timber, the manu-. 
facture and sale of lumber, and the preservation of the forests 
upon the Menominee Indian Reservation in the State of Wis- 



FORESTS ON INDIAN RESERVATIONS. 37 

cousin."' Tiie amount of dead and down timber authorized to 
be cut under this section shall be in addition to the amount of 
green timber authorized to be cut, in any one year, under the 
provisions of said act of March twenty-eighth, nineteen hundred 
and eight. The green timber authorized to be cut under this 
section to facilitate the logging of dead and down timber, and 
which shall be cut in any one year, shall be deducted from the 
amount of green timber authorized to be cut in that year under 
the provisions of said act of March twenty-eighth, nineteen hun- 
dred and eight. The total amount of green and dead and down 
timber which shall be logged under the provisions of this sec- 
tion and the provisions of said act of March twenty-eighth, nine- 
teen hundred and eight, shall not exceed forty million feet unless 
the Forestry Service shall certify to the Secretary of the Inte- 
rior that it is necessary, to save waste and loss on dead and 
down timber, that a greater amount of such dead and down 
timber shall be cut; in making such certification the Forestry 
Service shall designate the additional dead and down timber it 
deems necessary to cut and such designated timber shall be 
logged as expeditiously as possible. In the logging operations 
authorized under this section the Secretary of the Interior may 
cause to be constructed such roads or logging railways as may 
be necessary to bring the logs to the mill with expedition 
and economy. The expense of the logging operations author- 
ized under this section shall be paid in the manner provided 
in said act of March twenty-eighth, nineteen hundred and eight, 
authorizing the cutting of timber and the manufacture of 
lumber upon the Menominee Indian Reservation in the State of 
Wisconsin. 

NEZ PERCE [fort LAPWAi] RESERVATION. 
ACT OF AUGUST 15, 1894 (28 STAT. L., 327 AND 330). 

Article I. The said Nez Perce Indians hereby cede, sell, re- 
linquish, and convey to the United States all their claim, right, 



38 REGULATIONS AND INSTRUCTIONS. 

title, and interest in and to all the unallotted lands within the 
limits of said reservation, saving and excepting the following- 
described tracts of land, which are hereby retained by the said 
Indians, viz: * ♦ * Total, 32,020 acres. 

Article IV. It is further stipulated and agreed that the United 
States will purchase for the use of said Nez Perce Indians two 
portable steam saw mills, at a cost not exceeding $10,000, and 
will provide for said Indians, for a period not exceeding two 
years, and at a cost not exceeding $2,400, a competent surveyer, 
for the purpose of fully informing said Indians as to the cor- 
rect locations of their allotments and the corners and lines 
thereof. 

PINE RIDGE RESERVATION. 
ACT OF MAY 27, 1910 (36 STAT. L., 440, 442). 

* * * In making such classification and appraisement said 
lands shall be divided into the following classes: First, agricul- 
tural land of the first class; second, agricultural land of the 
second class; third, grazing land: fourth, timber land; fifth, 
mineral land, if any, but the mineral and timber lands shall not 
be appraised: Provided, That timber lands shall be classified 
without regard to acreage: And provided further. That all 
lands classified as timber lands shall be reserved for the use of 
the Pine Ridge Indians. 

ROSEBUD RESERVATION. 
ACT OF MAY 30, 1910 (36 STAT. L., 448). 

=:< * * lu making such classification and appraisement 
said lands shall be divided into the following classes: First, 
agricultural land of the first class; second, agricultural land 
of the second class; third, grazing land; fourth, timber land; 
fifth, mineral Innd. if any, but the mineral and timber lands 



FORESTS OX INDIAN RESERVATIONS. 39 

shall uot be appraised: Provided, That timber lands may be 
classified without regard to acreage: And provided further, 
That all lands classified as timber lands shall be reserved f^r 
the use of the Rosebud Indians. 

SILETZ RESERVATION. 
ACT OF AUGUST 15, 1894 (28 STAT. L., 323-325). 

Article I, It is futher stipulated and agreed that section 
nine in township nine south, range eleven west of the Willamette 
meridian, and the west half of the west half of section five, 
and the east half of section six and the east half of the west 
half of section six, township ten south, range ten west, Wil- 
lamette meridian, and the south half of section eight and the 
north half of section seventeen, and section sixteen in township 
nine south, range nine, west of the Willamette meridian, and 
the east half of the northeast quarter, and lot three, section 
twenty, and south half and south half of north half of sec- 
tion twenty-one, township eight, range ten west, Willamette 
meridian, are hereby reserved from sale, and that the timber on 
said five sections of land may be cut and manufactured by the 
Indians of said Siletz Reservation, for their own use and for 
sale, under such rules as the Secretary of the Interior shall 
from time to time prescribe, regulating the cutting of timber, 
so as to secure an equality of benefits to the Indians, employ- 
ment for them, and .iudicious aid to them in becoming self- 
supporting. 

ACT OF MAY 13, 1910 (36 STAT. L., 367). 

* * * That the Secretary of the Interior be, and he is 
hereby, authorized to dispose of the lands reserved under the 
Itrovisions of article four of the agreement concluded with the 
Indians of the Siletz Reservation on October thirty-first, eight- 
een hundred and ninety-two, and ratified by the act of Con- 
gre^^s approved August fifteenth, eighteen hundretl and ninety- 



40 REGULATIONS AND INSTRUCTIONS. 

four (Twenty-eightb Statutes at Large, page three hundred and 
twenty-five), at public auction, in such areas and on such terms 
»nd conditions as he may prescribe. 

SPOKANE RESERVATION. 
ACT OF MAY 29, 1908 (35 STAT. L., 458). 

Sec. 5. That the lands so classified as timberlauds shall 
remain Indian lands subject to the supervision of the Secretary 
of the Interior until further action by Congress, and no provi- 
sion authorizing the sale of timber upon Indian lands shall 
apply to said lands unless they be specially designated: Pro- 
vided, That until further legislation the Indians and the offi- 
cials and employees in the Indian Service on said reservation 
shall, without cost to them, have the right, under such regula- 
tions as the Secretary of the Interior may prescribe, to go upon 
said timberlands and cut and take therefrom all timber neces- 
sary for fuel, or for lumber for the erection of buildings, fences, 
or other domestic purposes upon their allotments ; and for said 
period the said Indians shall have the privilege of pasturing 
their cattle, horses, and sheep on said timberlands. subject to 
such rules and regulations as the Secretary of the Interior may 
prescribe : Provided further, That the Secretary of the Interior 
is hereby authorized to sell and dispose of for the benefit of 
the Indians such timber upon said timberlands as in his judg- 
ment has reached maturity and is deteriorating and which, in 
bis judgment, would be for the best interests of the Indians to 
sell, the purpose being to as far as possible protect, conserve, 
and promote the growth of timber upon said timberlands. The 
Secretary of the Interior shall deduct from the money received 
from the sale of such timber the actual expense of making such 
sale and place the balance to the credit of said Indians, and he 
is authorized to prescribe such rules and regulations for the 
sale and removal of such timber so sold as he may deem ad- 
visable. 



FORESTS ON INDIAN RESERVATIONS. 41 

STANDING KOCK AND CHEYENNE RIVER RESERVATION. 
ACT OF MARCH 29, 1908 (35 STAT. L., 4600). 

That said commissioners shall then proceed to personally 
inspect, classify, and appraise, in one hundred and sixty acre 
tracts each, all of the remaining lands embraced within each 
reservation as described in section one of this act. In making 
such classification and appraisement said lands shall be divided 
into the following classes : First, agricultural land of the first 
class; second, agricultural land of the second class; third, 
grazing land; fourth, timber land; fifth, mineral land, if any, 
the mineral land not to be appraised. * * * 

Sec. 2. That the lands shall be disposed of by proclamation 
under the general provisions of the homestead and town-site 
laws of the United States, and shall be opened to settlement 
and entry by proclamation of the President, which proclamation 
shall prescribe the manner in which the lauds may be settled 
upon, occupied, and entered by persons entitled to make entry 
thereof, and no person shall be permitted to settle upon, occupy, 
or enter any of said lands except as prescribed in such procla- 
mation : * * * Provided, That Indians residing upon their 
allotments in townships sixteen north of ranges twenty-five, 
twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, and 
thirty-one east shall have the right to use timber in said town- 
ships, except on sections sixteen and thirty-six for domestic pur- 
poses only as long as the lands remain part of the public 
domain. 

UMATILLA RESERVATION. 
ACT OF MARCH 3, 1885 (23 STAT. L., 340, 341). 

* * * In addition to the allotments of agricultural lauds 
to said Indians in severalty as herein provided, there shall be 
reserved a reasonable amomit of pasture and timber lands for 
their use, to be used by said Indians in common. 



42 REGULATIONS AND INSTRUCTIONS. 

UINTAH RESERVATION. 
ACT OF MARCH 3, 1905 (33 STAT. L., 1069). 



1 



That before the opening of the Uintah Indian Reservation the 
President is hereby authorized to set apart and reserve as an 
addition to the Uintah Forest Reserve, subject to the laws, 
rules, and regulations governing forest reserves, and subject to 
the mineral rights granted by the act of Congress of May 
twenty-seventh, nineteen hundred and two, such portion of the 
lands within the Uintah Indian Reservation as he considers 
necessary, and he may also set apart and reserve any reservoir 
site or other lands necessary to conserve and protect the water 
supply for the Indians or for general agricultural development, 
and may confirm such rights to water tlnn-eon as have already 
accrued: Provided, That the proceeds from any timber on such 
addition as may with safety be sold prior to .June thirtieth, 
nineteen hundred and twenty, shall be paid to said Indians 
in accordance with the provisions of the act opening the 
reservation. 

ACT OF JUNE 21, 1906 (34 STAT. L., 325, 376). 

That the Secretary of the Interior may authorize the Indians 
of the former Uintah Reservation, in the State of Utah, to cut 
and sell cedar and pine timber for posts or fuel from the tracts 
reserved for grazing purposes for said Indians under joint 
resolution of June nineteenth, nineteen hundred and two, in 
such quantities and upon such terms and under such rules and 
regulations as the said Secretary of the Interior may prescribe. 

YAKIMA RESERVATION. 
ACT OF DECEMBER 21, 1904 (33 STAT. L., 595, 596, 597). 

* * ■' The Secretary of the Interior is also authorized to 
reserve * * * such tract or tracts of grazing and timber- 
lands as may be deemed expedient for the use and benefit of the 
Indians of said reservation in common : Provided, That such 



FORESTS ON INDIAN RESERVATIONS. 43 

reserved lands, or any portion thereof, may be classified, 
appraised, and disposed of from time to time under the terms 

and provisions of this act. 

******* 
« « :■: xhe timber on lands classified as timberlands shall 
be sold at not less than its appraised value, under sealed pro- 
posals, in accordance with such rules and regulations as the 
Secretary of the Interior may prescribe. 

FIVE CIVILIZED TRIBES. 

The following acts provide for the sale of timber 
from the unallotted lands of the Five Civilized Tribes : 

ACT OF JANUARY 21, 1903 (32 STAT. L., 774). 

That the Secretary of the Interior is authorized to prescribe 
rules and regulations for the procurement of timber and stone 
for domestic and industrial purposes, including the construc- 
tion, maintenance, and repairs of railroads and other highways 
to be used only in the Indian Territory, or upon any railroad 
outside of the said Territory which is part of any continuous 
line of railroad extending into the said Territory, from lauds 
belonging to either of the Five Civilized Tribes, and to fix the 
full value thereof to be paid therefor and collect the same for 
the benefit of said tribes. 

ACT OF APRIL 26, 1906 (34 STAT. L., 137). 

Sec. 7. That the Secretary of the Interior shall, by written 
order, within ninety days from the passage of this act, segre- 
gate and reserve from allotment sections one, two, three, four, 
five, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, the 
east half of section sixteen, and the northeast quarter of sec- 
tion six, in township nine south, range twenty-six east, and sec- 
tions five, six, seven, eight, seventeen, eighteen, and the west 
half of section sixteen, in township nine south, range twenty- 
seven east, Choctaw Nation, Indian Territory, except such por- 
tions of said lands upon which substantial, permanent, and 
valuaVile improveirients were erected and placed prior to the 



44 REGULATIONS AND INSTEUCTIONS. 

passage of this act and not for speculation, but by members 
and freedmen of the tribes actually themselves and for them- 
selves for allotment purposes, and where such identical members 
or freedmen of said tribes now desire to select same as portions 
of their allotments, and the action of the Secretary of the 
Interior in making such segregation shall be conclusive. The 
Secretary of the Interior shall also cause to be estimated and 
appraised the standing pine timber on all of said land, and the 
land segregated shall not be allotted, except as hereinbefore 
provided, to any member or freedman of the Choctaw and 
Chickasaw tribes. Said segregated land and the pine timber 
thereon shall be sold and disposed of at public auction, or by 
sealed bids for cash, under the direction of the Secretary of 
the Interior. 

Sec. 16. * * * The Secretary of the Interior is hereby 
authorized to sell, whenever in his judgment it may be desirable, 
any of the unallotted land in the Choctaw and Chickashaw 
nations, which is not principally valuable for mining, agri- 
cultural, or timber purposes, in tracts of not exceeding six 
hundred and forty acres to any one person, for a fair and 
reasonable price, not less than the present appraised value. 
Conveyances of lands sold under the provisions of this section 
shall be executed, recorded, and delivered in like manner and 
with like effect as herein provided for other conveyances: 
Provided further, That agricultural lands shall be sold in 
tracts of not exceeding one hundred and sixty acres to any one 
person. 

SALE OF TIMBER ON ALLOTTED LANDS. 

Section 41. — Timber upon allotments in any State, 
with the exception of allotments to members of the 
Five Civilized Tribes, and to the Osagas either within 
a reservation or outside of one may be sold under the 
provisions of section 8 of the act of June 25. 1910. 
Timber on certain allotments may also be sold under 
the special acts given below : 



FORESTS ON INDIAN RESERVATIONS. 45 

LAKE SUPERIOR AND MISSISSIPPI CHIPPEWA INDIANS. 
TREATY OF SEPTEMBER 30, 1854 (10 STAT. L., 1109). 

Seventh. Each head of a family or single person over twenty- 
one years of age at the present time of the mixed bloods, be- 
longing to the Chlppewas of Lake Superior, shall be entitled to 
eighty acres of land, to be selected by them under the direction 
of the President, and which shall be secured to them by patent 
in the usual form. 

Article 3. The United States will define the boundaries of 
the reserved tracts, whenever it may be necessary, by actual 
survey, and the President may, from time to time, at his dis- 
cretion, cause the whole to be surveyed, and may assign to each 
head of a family or single person over twenty-one years of age, 
eighty acres of land for his or their separate use ; and he may, 
at his discretion, as fast as the occupants become capable of 
transacting their omi affairs, issue patents therefor to such 
occupants, with such restrictions of the power of alienation as 
he may see fit to impose. * * * 

THE LAC COURTE OREILLE AND LAC DU FLA]?»fBEAU RESERVA- 
TIONS. 

ACT OF FEBRUARY 3, 1903 (32 STAT. L., 795>. 

Section 1. That with the consent of the Chippewa Indians of 
Lake Superior, located on the Lac Courte Oreille Reservation 
in the State of Wisconsin, to be obtained in such manner as 
the Secretary of the Interior may direct, the President may 
allot to each Indian now living and residing on said reserva- 
tion and entitled to so reside, and who has not heretofore re- 
ceived an allotment not exceeding eighty acres of land, such 
allotments to be subject in all respects, except as to the age 
and condition of the allottee, to the provisions of the third arti- 
cle of the treaty with the Chippewas of Lake Superior and the 
Mississippi, concluded September thirtieth, eighteen hundred 
and fifty-four. 



46 REGULATIONS AND INSTRUCTIONS. 

Sec. 2. That the provisions of section one of this act shall 
also under same terms and conditions apply to the Chippewa 
Indians of Lake Superior located on the Lac du Flambeau 
Reservation in the State of Wisconsin. 

CHIPPEWAS OF MINNESOTA. 
ACT OF APRIL 21, 1904 (33 STAT. L., 189, 209;. 

The Chippewa Indians of the State of Minnesota to whom 
allotments have been or shall hereafter be made, and trust or 
other patents, containing restrictions upon alienation issued or 
which shall hereafter be issued therefor, are, with the consent 
of the Secretary of the Interior and under such rules and regu- 
lations as he may prescribe, hereby authorized to dispose of the 
timber on their respective allotments. Timber on the allot- 
ments of minors may likewise be so sold by the father, mother, 
or Indian agent or other officer in charge, in the order named, 
and the Secretary of the Interior shall make such regulations 
for the disposition of the proceeds of said sales as may be 
necessary to protect the interest of said Indians, including such 
minors. 



JICARILLA INDIANS OF NEAV MEXICO. 
ACT OF MARCH 4, 1907 (34 STAT. L., 1413:. 



i 



* ♦ * That the Secretary of the Interior may dispose of 
all merchantable timber on allotments herein authorized during 
the term these are held in trust and on the surplus lands for 
twenty-five years, the proceeds therefor to be expended under 
his direction for purposes beneficial to the individual allottees 
hereunder and their heirs, or for families, as he may deem best, 
and no part of such proceeds shall be expended for community 
or common benefits other than irrigation, but shall be equitably 
apportioned as near as may be among the Indians entitled. 



FORESTS ON INDIAN RESERVATIONS. 47 

FIVE CIVILIZED TRIBES. 

SEC. 16 OF THE ACT OF JUNE 28, 1898 (30 STAT. L., 495, 501). 

♦ * * Provided further, That nothiug herein contained 
shall impair the rights of any member of a tribe to dispose of 
any timber contained on his, her, or their allotment. 

ACT OF JANUARY 21, 1903 (32 STAT. L., 774). 

That the Secretary of the Interior is authorized to prescribe 
rules and regulations for the procurement of timber and stone 
for domestic and industrial purposes, including the construction, 
maintenance, and repairs of railroads and other highways, to 
be used only in the Indian Territory, or upon any railroad 
outside of the said Territory which is part of any continuous 
line of railroad extending into the said Territory, from lands 
belonging to either of the Five Civilized Tribes, and to fix the 
full value thereof to be paid therefor and collect the same for 
the benefit of said tribes: Provided, however. That nothing 
herein contained shall be construed to prevent allottees from 
disposing of timber and stone on their allotments, as provided 
in section sixteen of an act entitled "An Act for the protection 
of the people of the Indian Territory, and for other purposes," 
approved June twenty-eighth, eighteen hundred and ninety- 
eight, from and after the allotment by the Commission to the 
Five Civilized Tribes. 

Sec. 2. That every person who unlawfully cuts, or aids or is 
employed in unlawfully cutting, or wantonly destroys, or pro- 
cures to be wantonly destroyed, any timber standing upon the 
lands of either of said tribes contrary to the provisions of this 
act and the regulations prescribed thereunder by the Secretary 
of the Interior, shall pay a fine of not more than five hundred 
dollars, or be imprisoned not more than twelve months, or both, 
in the discretion of the court trying the same. 



48 REGULATIONS AND INSTEUCTIONS. 

MISCELLANEOUS. 

Section 42. — By Executive proclamations of March 2, 
1909, officers of the Forest Service of the Department 
of Agriculture are given certain jurisdiction upon 
specified forest areas of the following reservations: 
Hoopa Valley, Tule River, Mescalero, Jicarilla, Navajo, 
Zuni, White Mountain, and San Carlos. 

Section 43. — Pine timber is sold from ceded Chippewa 
lands in Minnesota under the acts of January 14, 1889 
(25 Stat. L., 642), June 27. 1902 (32 Stat. L., 400), and 
May 23, 1908 (35 Stat. L., 268). 

Section 44. — Attention is directed to the following 
important decisions : 

U. S. V. Cook (86 U. S., 591). 

Pine River Logging Co. v. U. S. (186 U. S., 279). 

U. S. V. Paine Lumber Co. (206 U. S., 467). 

Starr v. Campbell (208 U. S., 527). 

Opinion of Attorney General, volume 19, page 232. 

Egbert G. Valentine, 

C omr)iissioner of Indian A-ffairs. 
Approved, June 29, 1911. 
Samuel Adams, 

Acting Secretary of the Interior, 



APPENDIX. 

Section 114 of the act of March 4, 1909, entitled 
"An act to codify, revise, and amend the penal laws 
of the United States" (35 Stat L., 1088-1109) is as 
follows : 

Whoever, being elected or appointed a Member of or Dele- 
gate to Congress, or a Resident Commissioner, shall, after his 
election or appointment and either before or after he has quali- 
fied, and during his continuance in office, directly or indirectly, 
himself, or by any other person in trust for him, or for his use 
or benefit, or on his account, undertake, execute, hold, or en- 
joy in whole or in part, any contract or agreement, made or 
entered into in behalf of the United States by any officer or 
person authorized to make contracts on its behalf, shall be fined 
not more than three thousand dollars. All contracts or agree- 
ments made in violation of this section shall be void ; and when- 
ever any sum of money is advanced by the United States, in 
consideration of any such contract or agreement, it shall forth- 
with be repaid; and in case of failure or refusal to repay the 
same when demanded by the proper officer of the department 
under whose authority such contract or agreement shall have 
been made or entered into, suit shall at once be brought against 
the person so failing or refusing, and his sureties, for the re- 
covery of the money so advanced. 

SUGGESTED FORM OF ADVERTISEMENT. 

Flathead Indian School, Jocko, Mont., May 6, 1910. — Sealed 
proposals, each envelope marked " Proposal for timber, Evaro 
District, Flathead Reservation," and directed to Superintendent 

987—11 4 48 



50 REGULATIONS AND INSTRUCTIONS. 

Flathead Indian School, Jocko, Mont., will be received until 12 
o'clock noon, mountain time, Wednesday, September 28, 1910, for 
purchase of merchantable standing and down timber upon un- 
allotted lands within the Flathead Indian Reservation, Mont., 
and comprising portions of townships 15 north, ranges 10 and 
20 west, and 14 north, range 19 west, Montana principal me- 
ridian. About 20 per cent of standing timber will be reserved at 
this time for protection of the slopes and maintenance of forest 
cover. Estimated amount of timber to be sold from this tract is 
about 60,000,000 board feet. Timber is chiefly yellow pine, red 
fir, tamarack, and spruce. This timber will not be sold for less 
than dollars per thousand feet, and must be cut and re- 
moved in accordance with regulations prescribed by Secretary 
of the Interior. Proposals will be received for entire amount or 
for any one or more of five separate schedules. The right to 
waive technical defects in advertisement and bids and to reject 
any and all bids is reserved. Blank copies of proposals, includ- 
ing printed regulations, and full information regarding separate 
schedules, amount of deposits required, and special require- 
ments as to contract and bond will be furnished upon request. 

, Superintendent Flathead Indian School, Jocko, 

Mont. 



PROPOSAL FOR SALE OF TIMBER (UNALLOTTED 
LANDS). 

(Form 5-487.) 

Indian Reservation, State of , , 191—, 

(I or we) and , the undersigned, partners doing 

business under the firm name of (cancel the words not 

applicable), a corporation organized and existing under the 

laws of the State of , having an office and principal place 

of business at in the State of , hereby apply to 

purchase and remove all (the merchantable dead timber 

standing or fallen ; the live timber marked for cutting by the 
proper officer of the Indian Service, etc.) located on an area to 
be definitely designated by said officer of the Indian Service be- 
fore cutting begins, which area consists of (give legal 

subdivisions if surveyed, and approximate legal subdivisions 
if unsurveyed, with such description in relation to some land- 
mark, stream, or other well-known object as to define the area 
clearly), estimated to be (give quantity, quality. 



rOKESTS ox INDIAN EESERVATIONS. 51 

Species, kind of material, etc.), more or less, in accordance 
with an offer of sale duly made by an advertisement in the 

, a newspaper of general circulation in the State of 

, published at (cancel the words not applicable), 

by means of circular letters , (or, and) posters, a copy 

of which is atached hereto by the superintendent in charge 

of the Indian school without public notice; for which 

timber (I or we) hereby propose to pay dollars 

($ ) per (M feet b. m. decimal C scale, cord, 

cubic foot, linear foot, or piece), and I promise and agree that 

if this proposal is accepted by the (name of the proper 

United States officer) (I or we) will, in consideration 

of such acceptance, pay to the superintendent of the 

Indian school at , in the State of , for the use 

and benefit of the Indians, dollars ($ ), 

more or less, as may be determined by the actual (scale, 

measurement, or count) of the timber taken, said payments 

to be made in installments of not less than dollars 

($ ) each, in advance of the cutting of the timber to be 

covered by each installment, as such installments shall be 

called for by the superintendent of the Indian school ; 

it being understood that a refund will be made of all sums de- 
posited in excess of the value of the timber cut and of all other 

sums due under the terms cf the contract, provided that 

(I or we) comply with each and all of the terms of the con- 
tract, and it being further understood that in case of 

(my or our) default refunds shall be made only in the dis- 
cretion of the (name of proper United States officer) 

and (I or we ) herewith deposit with the superintendent 

of the Indian school cash, a duly certified check (cancel 

word or words not applicable) drawn in favor of said super- 
intendent on the National Bank, a solvent bank of the 

State of , located at , in the amount of 

dollars ($ ), which deposit is made as a guaranty of good 

faith, and (I or we) agree that if this proposal is duly 

signed and accepted by (name of the proper United 

States officer) it shall become at once effective and operate as 
a contract for the sale of the timber herein described, which 

contract shall be binding upon (he or us), (my 

or our) heirs, executors, administrators, successors, and assigns; 

Jind if (I or we) shall fail, neglect, or refuse to furnish, 

within 60 days from the acceptance of this proposal by 

(name of proper United States officer), a good and sufficient 
joint and several, bond as prescribed by the (name 



52 REGULATIONS AND INSTRUCTIONS. 

of proper United States officer), conditioned upon (my 

or our) faithful performance of the contract, or shall other- 
wise fail, neglect, or refuse to perform the obligations assumed 
hereby, this deposit shall become and remain the property of 
the United States in trust for the benefit of the In- 
dians, it being understood that this deposit will be retained and 
credited as a partial payment for the timber purchased if the 
proposal is accepted, a bond executed (if required), and the 
contract fulfilled, and that the deposit shall be returned to 

(me or us) if this proposal is rejected. 

And (I or we) further promise and agree that if this 

proposal is accepted by (name of proper United States 

officer) (I or we) will, in consideration of such ac- 
ceptance, cut and remove said timber in strict accordance with 
the following and all other general regulations which are 
prescribed by the Department of the Interior as to the sale of 
timber from Indian lands : 

1. The term "officer in charge" whenever used in these 

regulations signifies the superintendent of the Indian 

school, or any other officer specially designated by the Commis- 
sioner of Indian Affairs to supervise timber operations on 
the 

2. No timber shall be cut from any areas except those desig- 
nated by the officer in charge. Unless expressly stipulated to 
the contrary in the contract, each sale shall include all dead 
timber, standing or fallen, which is sound enough for lumber 
of any merchantable grade or for timbers or cordwood, and 
all green timber marked or otherwise designated for cutting 
upon the specified sale area. No living trees except those which 
are designated for cutting by the officer in charge shall be cut. 
No timber shall be removed from the sale area, nor shall the 
title thereto pass to the purchaser, until it has been scaled, 
measured, or counted, stamjied by the officer in charge, and 
paid for. 

3. Sawmills, camps, chutes, logging railways, and such other 
improvements as are necessary for conducting lumber opera- 
tions may be constructed under the supervision of the officer in 
charge, subject to such conditions as he may prescribe for the 
protection and improvement of the surrounding forest and for 
the best interests of the Indians. All merchantable timber used 
in their construction and in skidways, bridges, roads, or other 
improvements shall be paid for at the contract price. The 
officer in charge shall reasonably restrict the use of young 
growth for such purposes. 



FORESTS OX INDIAN RESERVATIONS. 53 

4. All cutting shall be done with a saw when possible, and no 
unnecessary damage shall be done to young growth and trees 
left standing. Undesignated or unmarked living trees which 
are cut, marked trees or merchantable dead timber left uncut, 
timber wasted in tops, stumps, and partially sound logs, trees 
left lodged in process of felling, standing trees badly injured 
during the lumbering operations, and any merchantable timber 
covered by the terms of these regulations and the contract, 
which is not removed from any part of the cutting area when 
logging on that part is completed, or is left on the sale area 
after the expiration of the contract, shall be scaled and paid 
for at the contract rate. 

5. Stumps shall not be cut higher than inches, lower 

when possible, so as to cause the least waste, and all trees 

shall be utilized to a diameter of inches in the tops 

when merchantable to that diameter. The log lengths shall be 
so varied as to make such utilization possible. 

6. The approximate minimum diameter limit at a point 4* 

feet from the ground to which living trees are to be cut is 

(limits for nil species involved), but trees above these diame- 
ters may be reserved for seed or protection, and merchantable 
trees below these diameters may be marked in the discretion of 
the officer in charge. 

7. Logging operations shall be concentrated as far as possi- 
ble, and so conducted as to completely log and clean up desig- 
nated units of the sale area successively as agreed with the 
officer in charge. Tops shall be lopped and all brush and tops 
piled compactly at a safe distance from young growth and 
standing trees at the time of felling, or otherwise disposed of 
as required by the ofiicer in charge. In the discretion of the 
officer in charge, brush shall be burned by the purchaser under 
such precautions as to prevent the spread of fire. 

8. During the time that any contract remains in force the 
contractor shall, without charge or expense to the United States 
or the Indians, do ail in his power to prevent and suppress 
forest fires upon the area covered by the contract or adjacent 
areas, shall comply with all regulations relative to the main- 
tenance of order on Indian reservations, and shall employ In- 
dian labor in the cutting and removal of the timber and in the 
disposal of the brush whenever the use of such labor is prac- 
ticable. 

9. Timber will be scaled, measured, or counted by officers 

selected by The cost of scaling and of supervision by 

the United States officers shall be paid from the proceeds of the 
sale of the timber. Timber will be scaled by the Scribner Rule 



54 REGULATIONS AND INSTRTCTIONS. 

Decimal C, and if required by the officer in charge, shall be 
piled or skidded for convenient scaling. The maximum scaling 

length of all logs will be feet. Logs over feet in 

length will be scaled as two or more logs, in lengths not less 
than feet when practicable, and with the proper allow- 
ance for the increase in diameter at the points of division. 
Upon all logs 3 inches additional will be allowed for trimming. 
Logs overrunning this allowance will be scaled as though 2 feet 
longer. Diameters will be measured inside the bark at the 
small end of the log and recorded at the nearest inch above or 
below the actual diameter. Proper deductions will be made 
for defects in logs. 

10. Unless extension of time is granted, all timber will be cut 

and removed on or before and none later than , and at 

least (feet B. M., cords, etc.) will be paid for, cut, and 

removed on or before , 191 — , and at least of the 

remainder of the estimated amount during each of the 

remaining period. The purchaser will be required to cut and 
remove the timber at such times, in such places, and in such 
quantities as to prevent, so far as possible, deterioration as a 
result of fire or windstorm. 

11. No Member of or Delegate to Congress shall be admitted 
to any share, part, or interest in any contract, or to any benefit 
derived therefrom (see sections 114 and 116, act of Mar. 4, 
1000, entitled "An act to codify, revise, and amend the penal 
laws of the United States," 35 Stat., 1088, 1100), and no per- 
son undergoing a sentence of imprisonment at hard labor shall 
be employed in carrying out any contract (see Executive Order 
of May 18, 1905). The cutting or removal of timber from 
Indian lands in breach of the terms of any contract, and with- 
out other lawful authority, or the leaving of fires unex- 
tinguished, will render the contractor liable to the penalties 
prescribed by section 6 of the act of June 25, 1910 (36 Stat. 
L., 855, 857). 

12. Work may be suspended by the officer in charge if the 
regulations are disregarded, and the violation of any one of the 
regulations, if persisted in, shall be sufficient cause for the 

to revoke a contract and to cancel all permits for other 

privileges. The decision of the shall be final as to the 

interpret:! tion of any of the foregoing regulations or as to the 
faithful execution of the terms of any contract. 

It is understood and agreed that the right to waive technical 
defects in advertisements and proposals and to reject any and 
all proposals is reserved by the 



FORESTS ON INDIAN RESEEVATIONS. 55 

Signed and sealed iu (quadruplicate, quintuplicate) 

this day of , 191—. 

Corporate seal, if corporation. 



(Signature of president if purchaser is a corporation; 
name of firm if pui-chaser is a partnership.) 
Attest : 



Secretary. 
Witnesses : 

(Two witnesses to each signature are required. Actual seals 
of some character must be affixed.) 



(P. O. address.) 
(P. O. address.) 



(P. O. address.) 



(P. O. address.) 



[SEAL.] 

(Signature of purchaser.) 
(See note.) 

"(RaVdyress".) 



[SEAL.] 

(Signature of purchaser.) 



(P. O. address.) 



The above proposal is accepted this day of 

191 — , under the conditions stated therein. 



(Signature of accepting oflacer.) 



(Title.) 

Note. — If the proposal is made by individuals acting neither 
as a firm nor as a corporation, each must sign. 

If the proposnl is made by a copartnership, the signature 
must consist of the name of the firm, followed by the signature 
of each of the members of the firm. 

If the proposal is made by a corporation, the signature should 
consist of the name of the corporation, followed by the name of 
the proper officer or officers, as required by the by-laws of the 
corporation. 

In nil cases where an officer signs for a corporation, either as 
principnl or as a surety, there must be attached to the pro- 
posal either an original resolution of the board of directors 
granting the signing officer, or officers, authority to sign the pro- 



56 REGULATIONS AND INSTRUCTIONS. 

posal for and in behalf of the corporation ; or a copy of a reso- 
lution of the board of directors granting a general authority of 
this character to the signing officer or officers, certified by the 
president and secretary of the corporation, under the corporate 
seal, as a true and correct transcript of the original resolution. 
Unless more than four copies are required for some special 
reason, all contracts for the sale of tribal timber will be exe- 
cuted in quadruplicate. 

TIMBER CONTRACT. 

(Form 5—489.) 

Allotment No 

This agreement, made and entered into at the Indian 

School, , State of , this day of , 191__, 

under authority of the act of Congress of June 25, 1910 (36 

Stat. L., 855, 857), (cancel if inapplicable), or (cite act 

applicable) between an Indian under the jurisdiction of 

the superintendent of the Indian school, part__ of the 

first part, and , part— of the second part. 

Witnesseth, That the part— of the first part agree.- to sell 
to the part-- of the second part, upon the terms and conditions 

hereinafter stated, (all the dead timber, standing or 

fallen, all the living timber marked for cutting by the proper 
officer, all the dead and living timber, etc.), estimated to be 

(give quantity, quality, species, kind of material, etc.), 

more or less, on the following-described lands, to wit: 

within the limits of the (cancel words not applicable) 

Indian Reservation, situated in the county of , State of 

, the same being lands which have been allotted to 

(name of party or parties of the first part, or name of original 
allottee and statement of relationship of this allottee to the 
party or parties of the first part) under the provisions of the 

act of (cite act applicable). 

For and in consideration of the foregoing the part— of the 

second part agree.- to pay to the superintendent of the 

Indian school, , State of , the sum of dol- 
lars ($ ), more or less, as shall be determined by the 

actual scale, measurement, or count (cancel if not applicable), 

for the said timber at the rate of dollars ($ ) per 

(M feet B. M. decimal C scale, cord, cubic foot, linear 

foot, or piece), in trust for said part— of the first part. 



FORESTS OK INDIAN RESERVATIONS. 57 

The part of the second part further undertake and agree 

to pay ten per cent (10%) of the (estimated value, pur- 
chase price) of the timber sold within 30 days from the 

date of the approval of this contract by the . to pay 

one-half of the said sum before any cutting of timber upon f;aid 
laud, and to pay the total purchase price before any timber is 
removed from the said land. 

The part of the second part further undertake and agree 

that (he or they) will cut and remove the said timber 

in strict accordance with the following and all other general 
regulations which are prescribed by the Department of the 
Interior as to the sale of timber from Indian lands: 

1. The term " officer in charge " whenever used in these regu- 
lations signifies the superintendent of the Indian school, 

or any other officer specially designated by the Commissioner 
of Indian Affairs to supervise timber operations on the 

2. No timber shall be cut from any areas except those desig- 
nated by the officer in charge. Unless expressly stipulated to 
the contrary in the contract, each sale shall include all dead 
timber, standing or fallen, which is sound enough for lumber 
of any merchantable grade or for timbers or cordwood, and 
all green timber marked or otherwise designated for cutting 
upon the specified sale area. No living trees except those which 
are designated for cutting by the officer in charge shall be cut. 
No timber shall be removed from the sale area, nor shall the 
title thereto pass to the purchaser, until it has been scaled, 
measured or counted, stamped by the officer in charge, and 
paid for. 

3. Sawmills, camps, chutes, logging railways, and such other 
improvements as are necessary for conducting lumber opera- 
tions may be constructed under the supervision of the officer 
in charge, subject to such conditions as he may prescribe for 
the protection and improvement of the surrounding forest and 
for the best interests of the Indians. All merchantable timber 
used in their construction and in skidwnys, bridges, roads, or 
other improvements shall be paid for at the contract price. 
The officer in charge shall reasonably restrict the use of young 
growth for such purposes. 

4. All cutting shall be done with a saw when possible, and 
no unnecessary damage shall be done to young growth and 
trees left standing. Undesignated or unmarked living trees 
which are cut, marked trees or merchantable dead timber left 
uncut, timber wasted in tops, stumps, and partially sound logs, 
trees left lodged in process of felling, standing trees badly in- 



58 REGULATIONS AND TNSTEUCTIONS. 

jured during the lumbering operations, and any merchantable 
timber covered by the terms of these regulations and the con- 
tract, which is not removed from any part of the cutting area 
when logging on that part is completed, or is left on the sale 
area after the expiration of the contract, shall be scaled and 
paid for at the contract rate. 

5. Stumps shall not be cut higher than inches, lower 

when possible, so as to cause the least waste, and all trees shall 

be utilized to a diameter of inches in the tops when 

merchantable to that diameter. The log lengths shall be so 
varied as to make such utilization possible. 

6. The approximate minimum diameter limit at a point 4i 

feet from the ground to which living trees are to be cut is 

(Limits for all species involved), but trees above these diam- 
eters may be reserved for seed or protection, and merchantable 
trees below these diameters mny be marked, in the discretion of 
the officer in charge. 

7. Logging operations shall be concentrated as far as possible, 
and so conducted as to completely log and clean up desi.gnated 
units of the sale area successively as agreed with the officer in 
charge. Tops shall be lopped and all brush and tops piled com- 
pactly at a safe distance from young growth and standing 
trees at the time of felling, or otherwise disposed of as required 
by the officer in charge. In the discretion of the officer in 
charge brush shall be burned by the purchaser under such pre- 
cautions as to prevent the spread of fire. 

8. During the time that any contract remains in force the 
contractor shall, without charge or expense to the United 
States or the Indians, do all in his power to prevent and sup- 
press forest fires upon the area covered by the contract or ad- 
jacent areas, shall comply with all regulations relative to the 
maintenance of order on Indian reservations, and shall employ 
Indian labor in the cutting and removal of the timber and in 
the disposal of the brush whenever the use of such labor is 
practicable. 

9. Timber will be scaled, measured, or counted by officers 

selected by 'The cost of scaling and of supervision by 

the United States officers shall be paid from the proceeds of 
the sale of the timber. Timber will be scaled by the Scribner 
rule decimal C, and if required by the officer in charge, shall be 
piled or skidded for convenient scaling. The maximum scaling 

length of all logs will be feet. Logs over feet in 

length will be scaled as two or more logs, in lengths not less than 

feet when practicable, and with the proper allowance 

for the increase in diameter at the points of division. Upon 



FORESTS ON INDIAN KESEEVATIONS. 59 

all logs 3 inches additional will be allowed for trimming. 
Logs overrunning this allowance will be scaled as though 2 
feet longer. Diameters will be measured inside the bark at 
the small end of the log and recorded at the nearest inch 
above or below the actual diameter. Proper deductions will be 
made for defects in logs. 

10. Unless extension of time is granted, all timber will be 

cut and removed on or before and none later than , 

and at least (feet b. m., cords, etc.) will be paid for, 

cut, and removed on or before , 191__. and at least 

of the remainder of the estimated amount during each year of 
the remaining period. The purchaser will be required to cut 
and remove the timber at snch times, in such places, and in 
such quantities as to prevent, so far as possible, deterioration 
as a result of fire or windstorm. 

11. No Member of or Delegate to Congress shall be admitted 
to any share, part, or interest in any contract, or to any benefit 
derived therefrom (see sees. 114 and 116, act of Mar. 4. 
1909, entitled "An act to codify, revise, and amend the penal 
laws of the United States," 35 Stat.. lOSS, 1109), and no per- 
son undergoing a sentence of imprisonment at hard labor shall 
be employed in carrying out any contract (see Executive order 
of May 18, 1905). The cutting or removal of timber from 
Indian lands in breach of the terms of any contract, and with- 
out other lawful authority, or the leaving of fires unex- 
tinguished, will render the contractor liable to the penalties 
prescribed by section 6 of the act of June 25, 1910 (36 Stat. 
L., 85, 857). 

12. Work may be suspended by the ofl^eer in charge if the 
regulations are disregarded, and the violation of any one of the 
regulations, if persisted in, shall be sufficient cause for the 

to revoke a contract and to cancel all permits for other 

privileges. The decision of the shall be final as to the 

interpretation of any of the foregoing regulations or as to the 
faithful execution of the terms of any contract. 

It is further understood and agreed that this contract shall 
be void and of no effect until approved by the the 

Signed and sealed in (quadruplicate, quintuplicateV 

this day of , 191--. 

Corporate seal, if corporation. 



Attest : 



(Signature of president if purchaser is a corporation ; 
name of firm if purchaser is a partnership.) 



Secretary. 



60 



KEGULATIONS AND INSTEUCTIONS. 



Witnesses : 

(Two witnesses to eacli signature are required, 
of some character must be affixed.) 



Actual seals 



(P. O. address.) 



(P.O. address.) 



[SEAL.] 

(Signature of purchaser.) 
(See note.) 



(P. 0. address.) 



(P.O. address.) 



[SEAL.] 

i signature of purchaser.) 



(P.O. address.) 



(P. O. address.) 









[SEAL.] 


(P.O. address.) 


(Sic;nature of allottee or party 
signing for him.) 




(P. a address.) 


(P.O. address.) 



The above contract is approved this the day of 

191—. under the conditions stated therein. 



(Signature of approving officer.) 

TTiireT) 

Note. — If the proposal is made by individuals acting neither 
as a firm nor as a corporation each must sign. 

If the proposal is made by a copartnership the signature must 
consist of the name of the firm, followed by the signature of 
each of the members of the firm. 

If the proposal is made by a corporation the signature should 
consist of the name of the corporation, followed by the name 
of the proper officer or officers, as required by the by-laws of the 
corporation. 

In all cases where an officer signs for a corporntion. either as 
principal or as a surety, there must be attached to the con- 
tract either an original resolution of the board of directors 
granting the signing officer or officers authority to sign the 
contract for and in behalf of the corporation ; or a copy of a 
resolution of the board of directors granting a general authority 
of this character to the signing officer or officers, certified by 
the president and secretary of the corporation, under the cor- 
porate seal, as a true and correct transcript of the original 
resolution. 



FOKESTS ON INDIAN RESERVATIONS. 61 

Unless special authority has been given for the execution of 
a fewer number, all contracts for allotment timber will be exe- 
cuted in quiutuplicate. 

If the contract is made on behalf of a minor by the father, 
mother, Indian agent, or other officer in charge, the party of the 
first part should be described as "A. B. (father, mother, Indian 
agent, or other officer in charge, as the case may be) for and 
on behalf of C. D., a minor," and the same should be used in 
the signature. 

BOND. 

(Form 5-488, to be executed in triplicate.) 

Know all men by these presents, that (I or we) 

of , State of , and , of , State of 

, partners doing business under the firm name of (can- 
cel the words not applicable) , a corporation organized 

and existing under the laws of the State of , having an 

office and principal place of business at in the State of 

, as principal, and of , State of and 

, of State of (or (name of corpor- 
ation) a corporation organized and existing under the laws of 

the State of (cancel if individual sureties are given) , 

having its principal office in the State of ), as suret-., 

are held and firmly bound unto the United States of America 

in the penal sum of dollars ($ ), lawful money of 

the United States, for the payment of which, well and truly to 
be made, we bind ourselves, each of us, our heirs, executors, 
administrators, successors, and assigns, jointly and severally, 
firmly by these presents. 

Sealed with our seals and dated this the day of , 

191__. 

The condition of this obligation is such that — 

Whereas, , principal herein, did on the day of 

, 191—, propose to purchase, at the rate of dollars 

($ ), per (M ft. B. M. Decimal C scale, cubic foot, 

linear foot, or piece). (The merchantable dead timber stand- 
ing or fallen ; the live timber marked for cutting by the proper 
officer of the Indian Service, etc.) on certain lands within the 

Indian Reservation in , described as follows, to 

wit: and did stipulate and agree that if the said pro- 
posal was accepted by the the proposal and its accept- 
ance should constitute a binding contract for the sale of said 
timber, and that said principal— would cut, fell, remove, and 
pay for said timber in accordance with the regulations accom- 
panying the proposal; and 



62 



REGULATIONS AND INSTRUCTIONS. 



Whereas, said did on the day of , 191__, 

duly accept said proposal, and the proposal thereupon became 
a binding contract. 

Now, therefore, if the above-boiniden , heirs, 

executors, administrators, successors, and assigns shall faith- 
fully conform to and observe all the laws and regulations made 
and which shall be hereafter made for the governing of trade 
and intercourse with the Indians, and in no respect violate the 
same, and conduct all timber operations in accordance with 
said regulations, and all provisions of the contract entered into 

with the said and in no respect violate said regulations 

or contract, or either of them, then, and in that event, this 
obligation shall be null and void; otherwise it shall remain in 
full force and effect. 

In witness whereof, we hereunto set our hands and seals this 
the day of , 191__. 

Corporate seal of principal if corporation. 

Attest : 



Secretary (Signature of President if principal 

is corporation.) 

Two witnesses required to signature of each principal nnd 
surety. Principals and sureties sign and afl3x seals. 
Witnesses : 



(P. O. address.) 



(P. O. address.) 



(P. O. address.) 
(P. O.addressT)" 
(P. O. address.) 



[SEAL.] 

(Signature of purchaser.) 
(See note.) 

(P. O. address.^ 



[seal.] 

(Signature of purchaser.) 



(P. O. address.) 



[seal.] 

(Signature of purchaser.) 



(P. O. address. 1 



(P. O. address.) 
Corporate seal of surety, if corporation. 
Attest : 



(Signature of president of corporation 
acting as surety.) 



Secretary. 



FORESTS ON INDIAN KESEEVATIONS. 63 



(Not required of corporate sureties.) 

Stale of 1 ^^. 

County of J 



On this, the day of , 191__, before me, , a 

notary in and for the said county, personally came and 

who signed the foregoing obligation, each to me known, 

who being by me duly sworn, did each for himself depose and 
say that he was more than .21 years of age and in all respects 
fully competent to make and enter into contract, and that they 
owned and possessed property not exempt by law from execu- 
tion over and above their debts and liabilities and free from 

incumbrances, (name of one of sureties), to the 

amount of dollars ($ ), and (name of sec- 
ond surety), to the amount of ($ ). 



( Sureties signed. ) 

(Signature of notary), 



[seal.] 

My commission expires 



If the bond is executed in the District of Columbia, the fol- 
lowing certificate must be signed by a United States officer 
other than a notary public. If executed elsewhere, by a judge 
of the United States court, a United States district attorney, a 
United States postmaster (or such other officer of the United 
States as may be acceptable to the Secretary of the Interior), 
residing in the district where the bond is executed. 

District , 191__. 

(Not required of corporate sureties.) 

I hereby certify that , the sureties who have 

signed the foregoing bond, are known to me as residents of 

, and citizens of the United States, and that I 

believe them to be amply sufiicient security for the amount 
thereof, and that the bond is good. 



Department of the Interior, 

, 191—. 

Approved : 

Sccrr'diij. 



64 REGULATIONS AND INSTRUCTIONS, 

Note. — Two iudividual sureties are required. A coi-porate 
surety duly qualified uuder the act of Congress of August 13, 
1894, may be accepted as a sole surety. Corporate sureties are 
preferred. The sureties must justify in amounts, the aggre- 
gate of which will be equal to at least twice the penalty of the 
bond. 

In all cases where an ofiicer signs for a corporation, either as 
principal or surety, there must be attached to the bond either 
an original certification, signed by the board of directors, of 
the authority of the signing ofiicer, or ofiicers, to sign for and 
in behalf of corporations; or a copy of a resolution of the board 
of directors granting a general authority of this character to the 
signing officer or officers, certified by the president and secretary 
of the corporation, under the corporate seal, as a true and 
accurate transcript of the resolution. 



